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Ord 99-357 ( ( ORDINANCE NO. 99-357 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 OF THE FEDERAL WAY CITY CODE, RELATING TO SIGNS. (Amends Ordinance 99-348) WHEREAS, the City Council of the City of Federal Way determined that it was necessary for the public health, safety and general welfare to establish reasonable sign regulations; and WHEREAS, the Federal Way City Council adopted sign regulations, and subsequent amendm.ents thereto, on February 27, 1990; December 3, 1991; April 21, 1992; June 16,1992; June 6,1995; and December 16,1997; under Ordinance Nos. 90-43, 91-113, 92-135, 92-144, 95-235, and 97-307; and ~J WHEREAS, amendments to the Chapter 22 of the Federal Way City Code ("FWCC") text are authorized pursuant to FWCC Sections 22-216, and Sections 22-516 - 22-530 ( Process VI review); and WHEREAS, pursuant to the direction of the City Council Land Use and Transportation Committee, City staff prepared a list of proposed changes to Chapter 22 of the FWCC relating to sign definitions and sign code enforcement ("Proposal"), and presented the Proposal to the Federal Way Planning Commission; and WHEREAS, pursuant to FWCC Section 22-534, the Federal Way Planning Commission considered the Proposal at a work session on May 19, 1999, and at a public hearing on June 2, 1999; and ORD # 99-357, PAGE 1 (C~[F1f ( ( WHEREAS, public notice of the public hearing was duly given pursuant to FWCC Section 22-532; and WHEREAS, following the public hearing, the Planning Commission voted to approve the Proposal with minor modifications, and forward it with a recommendation of approval to the City Council Land Use and Transportation Committee; and WHEREAS, the Federaf Way Land Use and Transportation City Council Committee, meeting as a committee of the whole City Council, considered the Proposal on July 7, 1999, and recommended approval by the full City Council; and WHEREAS, on September 21, 1999 the City Council remanded the amendments to the Land Use TraIiSportation Committee to addr~ss the impact of the sign code on multiple use parcels within one subject property; and WHEREAS, the Federal Way Land Use and Transportation Committee of the City Council reviewed proposed changes (Exhibit D) at their November 4, 1999 meeting and recommended approval by the full City Council; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findines. After full and careful consideration, the City Council of the City of Federal Way makes the following findings with respect to the Proposal and the proposed amendments to the Federal Way City Code ("FWCC"): 1. The unregulated proliferation of signs detracts from the economic value of the ~ community . 2. Such proliferation can and does create a visual distraction for drivers of motor ORD # 99-357, PAGE 2 ( ( vehicles and thereby detracts from traffic safety. 3. Reasonable regulation of signs serves to alleyiate visual clutter and thereby preserves community scenic, economic and aesthetic values. 4. The regulation of signs supports and enhances the economic well-being of all businesses within the City while providing the opportunity for all businesses to identify their premises and advertise their products. 5. Sign regulation protects the public health, safety, and welfare by controlling the placement, removal, installation, maintenance, size and location of signs. 6. Amendments to the sign code will clarify existing definitions and add new definitions, to assist in uniform interpretation and ~nforcement of the code. 7. Amendments to the sign code will also provide better regulation of certain types of signs (e.g., civic and community event signs, subdivision signs, and promotional and special sales event signs), thereby furthering the community's interest in alleviating visual clutter and preserving scenic, economic and aesthetic values. Section 2. Conclusions. Pursuant to FWCC Section 22-528, and based upon the Findings set forth in Section 1 above, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the Proposal: 1. The Proposal is consistent with the Comprehensive Plan, which states at page VII-5 that "The character of the street environment is also unfriendly to pedestrians. Signs proliferate the South 3201h Street and State Route 99 (SR-99/Pacific Highway South) corridors. . . . The number and size of signs produce a negative effect on the visual image of the City. The ORD # 99-357, PAGE 3 c ( Plan contains a number of Goals and Policies to address this condition. The Proposal is consistent with these following Goals and Policies: City Center Goal 6: "Focus on improving the existing character and image of the City Center. " Land Use Goal 1: enyirornnent. " "Improve the appearance and function of the built Land Use Policy 39: "Encourage transformation of Pacific Highway (SR-99) Community Business corridor into a quality mixed-use retail area. " City Center Policy 2: "Deyelop an attractiye City Center which will attract quality development. " City Center Policy 7: Allow for a variety of uses and mixed use development within buildings, or complexes. Ensure that mixed-use development complements and enhances the character of the su!,"ounding residential and commercial areas. 2. The Proposal bears a substantial relationship to the public health, safety and welfare because it addresses concerns for the public health, safety, and welfare by refining the City's existing sign code, which is consistent with state law and reflects a reasoned balance between the rights of individuals and the community interest. 3. The Proposal is in the best interests of the residents of the City because it responds to community concerns about compatibility of signs with the visual impact on the community at large. By establishing comprehensive and concise regulations by which to regulate signs, it provides city staff with sufficient criteria by which to evaluate proposals, and assists businesses in providing adequate provisions to identify the location of places of business. Section 3. Amendment. The Federal Way City Code, Section 22-1, is amended as set forth in Exhibit A attached hereto and incorporated herein by reference. Section 4. Amendment. The Federal Way City Code, Section 22-335, is amended ORD # 99-357, PAGE 4 c ( as set forth in Exhibit B attached hereto and incorporated herein by reference. Section 5. Amendment. The Federal Way City Code, Sections 22-1596 - 22-1603, is amended as set forth in Exhibit C attached hereto and incorporated herein by reference. Section 6. Amendment. The Federal Way City Code, Section 22-1601, is amended as set forth in Exhibit D attached hereto and incorporated herein by reference. Section 7. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circums~nces. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 9. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this 7th day of December ,1999. CITY OF FEDERAL WAY L .(j~ MÁYOR, RON NTZ ORD # 99-357, PAGE 5 r C' APPROVED AS TO FORM: cti¥~ ;:::;~L FILED WITH THE CITY CLERK: 11/30/99 PASSED BY THE CITY COUNCIL: 12/07/99 PUBLISHED: 12/11/99 EFFECTIVE DATE: 01/06/00 ORDINANCE NO. 99-357 L""""",igncode.99 .... ORD # 99-357, PAGE 6 ( ( Exhibit A Federal Way City Code Sec. 22-1. Definitions. ~ ( ( ARTICLE I. IN GENERAL See. 22-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned shall mean knowing relinquishment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall include but not be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure. Accessory shall mean a use, activity, structure or part of a structure which is subordinate and incidental to the main activity or structure on the subject property. Accessory dwelling unit (ADU) shall mean either a freestanding detached structure or an attached part of a structure which is subordinate and incidental to the main or primary dwelling unit located on the subject property, providing complete, independent living facilities exclusively for one single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation. ADU, attached shall mean an accessory dwelling unit that has one or more vertical and/or horizontal walls, in common with or attached to, the primary dwelling unit. ~~¡ ADU, detached shall mean a freestanding accessory dwelling unit that is not attached or physically connected to the primary dwelling unit. Accessory hardship dwelling unit shall mean an attached ADO which satisfies the criteria set forth in Section 22-633 of this Code. Accessory livingfacility shall mean an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee's family, or for the business owner/operator and that person's family. Adjoining shall mean property. that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is more than 100 feet from a low density zone is not considered to be adjoining that zone. Adult entertainment activity or use shall mean all of the following: (I) Adult theater shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (defined as follows) for observation by patrons therein and which excludes minors by virtue of age. a. Specified anatomical areas shall mean both of the following: .. ( ( I. When less than completely and opaquely covered: i. Human genitals or pubic region. ii. Human buttock. iii. Human female breast below a point immediately above the top of the areola. 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. b. Specified sexual activities shall mean all of the following: I. Human genitals in a state of sexual stimulation or arousal. 2. Acts of human masturbation, sexual intercourse or sodomy. 3. Fondling or other erotic touching of human genitals, pubic region, buttock or breast. (2) Adult bookstore shall mean an establishment which in whole or in portion thereof has a substantial or significant portion of its stock and trade books, magazines or other periodicals, which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" and which excludes minors by virtue ófage. (3) Adult cabaret shall mean a cabaret, nightclub or other establishment which features go"go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" and which establishment excludes minors by virtue of age. Activities and uses defined as adult entertainment activity or use are only pennitted in the zone where that tenn is specifically listed as an allowable use and only in confonnance to the requirements as stated for that use. Agricultural use shall mean any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. Air rights shall mean the right to, in some manner, control the use of the space above the surface of the ground. Alluvium shall mean soil deposits transported by surface waters. Antenna(e) shall mean any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrian and/or orbital based points, includes, but is not limited to: (I) Omni"directional (or "whip") antenna(e) transmits and receives radio frequency signals in a 360-degree radial pattern. .2- 'Wii ( ( (2) Directional (or "panel") antenna(e) transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees. (3) Parabolic antenna(e) (or dish) antenna(e) is a bowl-shaped device for the reception and/or transmission of communications signals in a specific directional pattern. (4) Ancillary antenna is an antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna. Applicant shall mean both of the following, depending on the content: (I) A person who applies for any permit or approval to do anything governed by this chapter, which person must be the owner of the subject property, the authorized agent of the owner. or the city. (2) Any person who is engaging in an activity governed by this chapter or who is the owner of property subject to this chapter. Average building elevation shall mean a reference datum on the surface topography of a subject property from which building height is measured. The reference datum shall be a point no higher than five feet above the lowest elevation taken at any exterior wall of the structure either prior to any development activity or at finished grade, whichever is lower, provided the reference datum is equal to or lower than the highest elevation at any exterior wall of the structure prior to development activity. "~¡ Average slope shall mean the average grade ofIand within each land area representing a distinct topographical change. Backfill shall mean material placed into an excavated area, pit, trench or behind a constructed retaining wall or foundation. Building shall mean a roofed structure used for or intended for human occupancy. Building mounted signs shall mean all of the following: wall mounted signs, marquee signs, under marquee signs and projecting signs. Bulkhead shall mean a wall or embankment used for retaining earth. Business college shall mean a post secondary institution that offers instruction in business principles and practices that will enhance one's ability to perfonn in a business setting, i.e., secretarial, accounting, purchasing, computers. Cemetery shall mean land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses, when operated in conjunction with and within boundaries of such cemetery. CCIl:CI idc,,:ifìcittiðll s;g.¡ shall mEan a buildi..!!; mðunted sign ðr !!;Iðund ffiðunted sign ..hid! identifies tl,e nam¿ ðf a ele, dðPffiwt eðntaining n,ðre than ðn¿ ðffiee, retail, institutiðllal ôr industrial use. ðr tel.ant a"d ..I,iol, dôe.J RBt identi!) a,,) indi. idual uJ" ôf te./,ant. - 3 - ~ ( ( Change ofllse shall mean a change of use determined to have occurred when it is found that the general character of the operation has been modified. This determination shall include review of, but not be limited to: (I) Hours of operation; (2) Required parking; (3) Traffic generation; (4) General appearance; (5) Type, extent or amount of indoor or outdoor storage; and (6) Constituents of surface water discharge or runoff. C/¡a,¡gÙ¡g ,nCJsagc ce,ltö, 311..11 "w.." a 3igl', luo33ago ee"tel 61 3imila¡ de. iee "I,elob) alterRatiI.g Imblie 3e!. ieo i"wrlll..ti"", .."d e6".mereial ".e33age3 arc di3played 6" tile 3/u"e lamp bank. Church. synagogue or other place of religious worship shall mean an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship. and which establishment may include related accessory uses. Class I home occupation shall mean those home businesses that qualifY as home occupations under this zoning chapter, except family child care homes. :,: Class II home occupation shall mean those family child care homes that qualifY under section 22- 1069. College or university shall mean a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation shall mean the placement and arrangement of multiple proyiders' antennae and equipment on a single support structure or equipment pad area. Commercial recreation facility shall mean an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use shall mean the uses allowed in the commercial zones and not permitted in any other zones of the city. Commercial zones shall mean the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities shall mean any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: - 4 - - ....Lf ( ( (I) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse shall mean an area devoted to facilities and equipmœnt for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouse', and other similar uses which area is maintained and operated by a nonprofit club or organization whos<c' membership is limited to the residents within a specified development or geographic area. Comprehel1sive plan shall mean the ordinances ofthe city, as adopted and amended from tim'~ to . time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Com" ~c:io" Úgll )hall mean a )ign ..hieh idcntific) tl,e areLi!e"t), "¡,ginecr), centraete" ai,'"~ at_) etl,cr l'°r)OI,) i".51.ed ..ith the e5n3trtletiem 5f a Imilding 5r tl3C. Còntour line shall mean the interconnection of points having the same height above sea level. Convalescent center shall mean an inpatient facility, excluding facilities defined as hospitals. for patients who are recovering from an illness or who are receiving care for chronic conditions; ment",l, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment al1lrl may include assisted living facilities. Cross section (drawing) shall mean a visual representation of a vertical cut through a structure" or any other three-dimensional fonn. Curb cut shall mean the connection of a driveway with a street, which may entail a structural alteration to the curb by lowering the height of part of the curb. Day care facility shall mean the temporary, nonresidential care of persons in a residence or Otther structure on a regular, recurring basis. Dedication shall mean the deliberate appropriation of land by its owner for public use or purpmse, reserving no other rights than those that are compatible with the full exercise and enjoyment ofth""l'ublic uses or purpose to which the property has been devoted, Development activity shall mean any work. condition or activity which requires a pennit or a¡nproval under this chapter or the city's building code, Development permit shall mean any penn it or approval under this chapter or the city's buildimg code that must be obtained before initiating a use or development activity. Domestic animal shall mean an animal which can be and is customarily kept or raised in a hol111e or on a farm. Domestic violence shelters shall mean housing for adult women or men and their dependent children, if any, who are victims of domestic violence perpetrated by the spouse, domestic partnermr significant other of the adult victim. - 5- .. ( ( Dredging shall mean removal of earth and other materials from the bottom of a body of water or watercourse or from a wetland. Dredging spoils shall mean the earth and other materials removed from the bottom of a body of water or watercourse or from a wetland by dredging. Driveway shall mean an area of the subject property designed to provide vehicular access to a parking area or structure located on the subject property. Dry land shall mean the area of the subject property landward of the high-water line. Dwelling ullit shall mean one or more rooms in a structure or structures, excluding mobile homes, providing complete, independent living facilities exclusively for one family, including permanent provisions for living, sleeping, cooking and sanitation. A factory-built home or manufactured home is considered a dwelling unit under this chapter only if it meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. There are the following three types of dwelling units: (1) Dwelling unit, attached, shall mean a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or other uses above or below it. (2) Dwelling unit, detached, shall mean a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. (3) Dwelling unit, stacked, shall mean a dwelling unit that has one or more horizontal walls in common with or attached to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses. Easement shall mean land which has specific air, surface or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property. E!-CC1i iCd! sign shall mea" a sig" or sig" strtlettlre i" .. hieh eleetrieal .. iri.,g, eð""eetiðfl3 a"d.'ðr fiJ<tme3 are tl3ea as part ðf the sig" 1" ðpe. . EMF means Electromagnetic Field, which is the field produced by the operation of equipment used in transmitting and receiving radio frequency signals. Equipment shelter shall mean the structure associated with a PWSF that is used to house electronic switching equipment, cooling system and back-up power systems. Erosion and deposition shall mean the removal of soils and the placement of these removed soils elsewhere by the natural forces of wind or water. Essential public facility is any facility or conveyance which has the following attributes: (I) It is typically difficult to site due to unusual site requirements and/or significant public opposition; - 6- !FIr ( ( l. Substance abuse facilities 2. Mental health facilities 3. Group homes/special need housing 4. Local schools a. Elementary school b. Middle school c. High school 5. Social service transitional housing a. Domestic violence shelter b. Homeless shelter c. Work-release Excavate or excavation shall mean the mechanical removal of soils and/or underlying strata. J. Family shall mean an individual or two or more individuals related by not more than four degrees of affinity or consanguinity and including persons under legal guardianship, or a group of not more than five persons who are not related by four or fewer degrees of affinity or consanguinity; provided, however, that any I imitation on the number of residents resulting from this definition shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988,42 usc. 3604(f)(3)(b). Family child care home shall mean a business regularly providing care during part of the 24-hour day to 12 or fewer children (including the children of the day care provider) in the family abode of the person or persons under whose direct care the children are placed. Fastfood restaurant shall mean an establishment which offers quick food service which is accomplished through one or more of the following mechanisms: (1) Limited menu of easily produced items. (2) Orders are not taken at the customer's table. (3) Food is served in disposable wrappings or containers. Fence shall mean a man made barrier or wall constructed for the purpose of enclosing space or separating parcels of land. - 8 - - ( ( Fill material shall mean dirt, structural rock or gravel, broken concrete and similar structural substances customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel placed on the surface of the ground. Finished grade shall mean the final contour of the land surface prior to landscaping. Floor shall mean the horizontal surface inside a structure designed and intended for human use and occupancy. rue! p, ice 3;gfl 3hallmêfil, " .."11 mounted 5r pede,t"! 3ig', di3pl") illg the price ôf fuel for motorized ,eLide3. Geologically hazardous areas shall mean areas which because of their susceptibility to erosion, land-sliding, seismic or other geological events are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns. Geologically hazardous areas include the following areas: (I) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to natural agents such as wind, rain, splash, frost action or stream flow. (2) Landslide hazard areas are those areas potentially subject to episodic downslope movement of a mass of soil or rock including, but not limited to, the following areas: a. Any area with a combination of: I. Slopes greater than IS percent; 2. Penneable sediment, predominately sand and gravel, overlying relatively impenneable sediment or bedrock, typically silt and clay; and 3. Springs or groundwater seepage. b. Any area which has shown movement during the holocene epoch, from 10,000 years ago to present, or which is underlain by mass wastage debris of that epoch. c. Any are a potentially unstable as a result of rapid stream inc ision, stream bank erosion or undercutting by wave action. d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to inundation by debris flows or flooding. e. Those areas identified by the United States Department of Agriculture Soil Conservation Service as having a severe limitation for building site development. f. Those areas mapped as class u (unstable), uos (unstable old slides), and urs (unstable recent slides) by the department of ecology. g. Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking. - 9- -- <' ( (3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting. These conditions occur in areas underlain by cohesion less soils of low density usually in association with a shallow groundwater table. (4) Sleep slope hazard areas are those areas with a slope of 40 percent or greater and with a vertical relief of ten or more feet, a vertical rise of ten feet or more for every 25 feet of horizontal distance. A slope is delineated by establishing its toe and top, and measured by averaging the inclination over at least ten feet of vertical relief. Glare shall mean both of the following: (I) The reflection of harsh, bright light. (2) The physical effect resulting from high luminances or insufficiently shielded light sources in the field of view. Governmentfacility shall mean a use consisting of services and facilities operated by any level of government, excluding those uses listed separately in this chapter. Gross floor area shall mean the total square footage of all floors, excluding parking area, in a structure as measured from either the interior surface of each exterior wall.ofthe structure or, if the structure does not have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area. Groundfloor shall mean the floor of a structure that is closest in elevation to the finished grade along the facade of the structure that is principally oriented to the street which provides primary access to the subject property. C, "u,ld m"b,ltcd Jign ,Lan I"eafl bet!, pedeJtal gig,,] and ",""lIment Jig"J. Group Home Type II shall mean housing for juveniles under the jurisdiction of the criminal justice system. Such groups include state-licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing correction, or for those selected to participate in state-operated work release and pre-release programs. The director of community development services shall have the discretion to classify a group home proposing to serve juveniles convicted of the offenses listed under Group Home Type III in this section as a Group Home Type III, and any such home shall be sited according to the regulations contained within Type III classification. Group Homes Type II-A: Maximum number of 12 residents including resident staff. Group Homes Type II-B: Thirteen or more residents including residential staff. Maximum number to be detennined on a case by case basis. The limitation on the number of residents in a Group Homes Type \I shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.c. 3604(f)(3)(b). - 10- 'II! ( ( Group Homes Type III shall mean housing for adults that hmve been convicted of a vioð.=nt crime against a person or property, or have been convicted of a crime agrainst a person with a sex:mù motivation, or have been convicted or charged as a sexual or assamltive violent predator. ~ individuals are under the jurisdiction of the criminal justice systeJm or have entered a pre~ or :Jmst- charging diversion program. Such groups involve individuals sel~cted to participate in sta~:-merated work/training release and pre-release programs or similar progralms. Such category does noe -mdude full- time detention facilities. Hardship shall mean a current or impending health conditioln which requires a person:c ¡'ve in close proximity to, and/or share housing with a caregiver. Hazardous waste shall mean all dangerous and extremely ha:nrdous waste, including ",",,""lances composed of radioactive and hazardous components (see RCW o:n. 70.105). Hazardous waste storage shall mean the holding of dangercllls waste for a temporary ~md (see WAC 173-303-040(85)). Hazardous waste treatment shall mean the physical, chemical or biological processing cc:T .dangerous wastes to make such wastes nondangerous or less dangerous, safeJr for transport, amenable 1D- ~nergy or material resource recovery, amenable for storage or reduced in volume (see WAC I 73-303-,;..c¡l/(97)). Heat shall mean added energy that causes substances to rise in temperature, fuse, eyap.......-:me. expand or undergo any other related change. qi Heavy equipment shall mean high capacity mechanical devices for moving earth or om= materials, mobile power units, including but not limited to carryalls, graders;. loading/unloading devi~ .::ranes, drag lines, trench diggers, tractors oyer 80 HP, augers, caterpillaf$, concrete mixers and C",",~NOrs, harvesters, combines, or other major agricultural equipment, and .similar devices operated ~ mechanical power as distinguished from manpower. Height of structure shall mean the vertical distance above th", average building elevaricc: measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to me' nverage height of the highest gable of a pitched or hipped roof. High density residential use shall mean attached or stacked aiwelling units on a subject: :!ITIJperty which contains at least 1,800 square feet of lot area per dwelling 'lInit but not more than 2,30;<: ""1uare feet of lot area per dwelling unit. High density residential zones shall mean the following zon",s: RM 2.4, RM 1.8 and ccmmarable zones in other jurisdictions. Hollie occupation shall mean an occupation, enterprise, actiwity or profession which is :-rn::idental to a residential use, which is carried on for profit or customarily ca"ied on for profit and whici::: s not an otherwise permitted use in the zone in which it occurs. Horizontal dimension shall mean the length of the facade of 11 structure as measured alen" a plane, excluding eaves which extend out no more than 18 inches from tine exterior walls of the =e. Hospital shall mean an institution providing primary health ",ervices and medical or s~c:al care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abacmnal -11- .. ( physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, extended care facilities andlor training facilities. Hotel or motel shall mean a single building or group ofbuildirigs containing individual sleeping units intended for transient occupancy. Improvement shall mean any structure or manmade feature. Industrial use shall mean the uses allowed in the industrial zones and not permitted in any other zones of the city. Industrial zones shall mean the BP zoning district. Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 14 days, is apparently inoperable or requires repairs in order to be operated legally on the public roads or is unable to move a distance of ten feet on level pavement under its own power. Institutional uses shall mean the following uses: schools, churches, colleges, hospitals, parks, governmental facilities and public utilities. IlIstf bc:ioll(il sign shall mean a sign ..IÜeh designates public information ,uch a" but not lin'¡(ecl te, public re,(r6511,s, public tcleph"'les, exit..,,)s and hour, 6f operation. ¡lIteg¡ (i/ Jig¡1 ,hall mea!. a sign displ,,) ing a building date, n",nument eitatien, eBn,n,en,emti. e il"criptien or ,imilar histel ie infðln",tiBI,. Irrevocable license shall mean a written irrevocable pennission given by a property owner to the city for specified purposes. Issuance, when used with respect to a decision of the director of community development services or a decision of the hearing examiner issued under this chapter, shall mean the date that is three days after the date the written decision of the director or hearing examiner is mailed. Proof of mailing shall be by affidavit or by declaration under penalty of perjury. Issuance, when used with respect to a city council decision made by ordinance or resolution while sitting in a quosi-judicial capacity, shall mean the date on which the council passes the ordinance or resolution, as evidenced by the date of passage indicated on the face of the ordinance or resolution. Junk shall mean old or scrap metal, rope, rags, batteries, paper, rubber, machinery, scrap wood, debris, trash, or junked, dismantled, wrecked or inoperable motor vehicles or parts thereof. Junk or junked vehicle shall mean any vehicle substantially meeting at least two of the following conditions: (a) Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield or missing wheels, tires, motor, or transmission; (b) Is apparently inoperable; (c) Is without a current, valid registration plate. - 12- .' ( ( Jlmkyard shall mean a property or place of business whiìch is maintained, operated (Dr used for storing, keeping, buying, selling or salvaging junk. Kennel shall mean an establishment, generally retail in :nature, which houses, cares -ror, breeds, raises or sells dogs or cats. Land surface modification shall mean the clearing or re:moval of trees. shrubs, grcmnd cover and other vegetation and all grading, excavation and filling activ,cies. Landscaping shall mean the planting, removal and maimænance of vegetation alo,,>; with the movement and displacement of earth, topsoil, rock, bark anc: similar substances done i" cconjunction with the planting, removal and maintenance of vegetation. Landward shall mean toward dry land. Linear frontage of subject property shall mean the fronræge of the subject propen: 2djacent to all open, improved rights-of-way other than Interstate 5. If the Sllibject property is not adj2.c=t to an open, improved right-of-way, linear frontage shall mean the frontag'f of the subject propen:'~'" any public access easements or tracts which serve the subject property arnd adjacent unopened and, .Jc- unimproved rights-of-way. Lot shall mean a parcel ofland having fixed boundaries rlescribed by reference to l Tecorded plat; by reference to metes and bounds; or by reference to sectiorL "1ownship and range. Low density use shall mean a detached dwelling unit on 11 subject property that cent::>ins at least 7,200 square feet. Low density zone shall mean the following zones: SE. RS 35.0. RS 15.0, RS 9.6. R:': 7.2 and comparable zones in other jurisdictions. Major stream shall mean any stream, and the tributaries "10 any stream. which con=;ns or supports, or under normal circumstances contains or supports a local er migratory fish populatiorL Manufactured homes shall mean a factory-built structut-- transportable in one or mo,.,-" sections which is built on a permanent chassis and designed to be a c!wdling with or without a ç=anent foundation when connected to required utilities. A manufactIWed home shall be built to .:.:omply with the National Manufactured Home Construction and Safety Standmrds Act of 1974 (regularic'C:!s effective June 15,1976). 1&" 'loa sign ,I ,all lI,eall all) ,igll "hieh forn" part e f. oj. i, ir,tegrat<a int", a m~ .:'-1.e, eallOp) or a"ning ana ..hieh a"e, nBt eJctellcll,6rizolltall) be) 6na the ::rmit! Bf'tleh n.aréjtlee, ea.;,c .... 5r a...ning. Maximum lot coverage shall mean the maximum percenr..age of the surface of the ,'.:.--oject property that may be covered with materials which will not allow for ::tne percolation of water into the underlying soils. See section 22-946 et seq. for further details. Mean sea level shall mean the level ofPuget Sound at z=o tide as established by:t:óo U.S. Anny Corps of Engineers. - 13 - ~I ( ( Medium density use shall mean detached, attached or stacked dwelling units on a subject property which contains at least 3,600 square feet of lot area per dwelling unit but not more than 7,199 square feet of lot area per dwelling unit. Medium density zones shall mean the following zones: RS 5.0, RM 3.6 and comparable zones in other jurisdictions. Microcell means a wireless communication facility consisting of an antenna that is either: (i) four feet in height and with an area of not more than 580 square inches; or (ii) if a tubular antenna, no more than four inches in diameter and no more than six feet high. Minorfacility means a wireless communication facility consisting of up to three antennas, each which is either (i) four feet in height and with an area of not more than 580 inches; or (ii) if a tubular antenna, no more than four inches in diameter and no more than six feet in length; and the associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area. Minor stream shall mean any stream that does not meet the definition of major stream. Al""bd/CIII Jig" ,I ,all mean a gmtl/.d m6unted 3ig/, "I,ie" is attached t6 t"e grotlnd by ,~ "ide basc 6f 361id appearanee and" hiE!. e6fi,plies "ith the 3ta¡.aarih 6f Plate J. Moorage facility shall mean a pier, dock, buoy or other structure providing docking or moorage space for waterborne pleasure craft. Multiuse complex shall mean all of the following: a group of separate buildings operating under a common name or management; or a single building containing multiple uses where there are specific exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that request treatment as a multiuse complex. Natural features shall mean physical characteristics ofthe subject property that are not manmade. Natural materials shall mean materials chemically unaltered from their natural state. Noise shall mean the intensity, duration and character of sound from any and all sources. Nonconformance shall mean any use, structure, lot, condition, activity or any other feature or element of private or public property or the use or utilization of private or public property that does not conform to any of the provisions of this chapter or that was not approved by the City of Federal Way through the appropriate decision-making process required under this chapter. Nonliving ground cover shall mean gravel, chipped bark or similar nonpolluting material through which water can freely percolate to the soil beneath. Normal maintenance shall mean normal maintenance includes interior and exterior repairs and incidental alterations. Normal maintenance and repair may include, but is not limited to, painting, roof repair and replacement, plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization. Incidental alterations may include construction of non bearing walls or partitions. . 14. @ ( ( NOI ,lId! ,/félÙ':C"a"CC Sig,'S n,a) ine!tide, btit iJ ""t ¡in.ited to. replaei',g ligl,t btilln, painting faded or pee!i',g pail,t, replacing 3mallpieeeJ 6f a dan.aged Jiglo. ThiJ doeJ loot il.e!tide e!,a"ge 6f c616r, n.aterial3, Jig" t)PC, size ¡.eigl,t or tcxt, except f6r d.at Jpeeifieall) pern.ittcd for a IoC" tcloalot e .a"ge to a n,tilti te"a"t sigh. Nursing home. See "convalescent center." Occupant shall mean a person that legally occupies a structure or property. Odor shall mean stimulus affecting the olfactory nerves. Off s,"Ie di, ccliO/ou! J;g.r 3halln.eft" a Jig" ,,¡,ie!, gi.es dircetim,J to a busil,e3J 5' to ",ere!,a..di3c, ser. ice, real otate, goods or entertainn,ent "hie!, are sold, produeed ðf ftin.iJhed at a place "itltift-the eit) 6tl.er thai. the pm pert) 611 "I,iel. d,e Jig/. iJ lôeateà. Office use shall mean a place of employment providing services other than production, distribution, sale or repair of goods or commodities. The following is a nonexclusive list of office uses: medical, dental or other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or other similar services. The following uses are specifically excluded from the definition of office: banks, savings and loan companies and similar financial institutions. Office zones shall mean the PO, OP and CP zoning districts. Official notification boards of the city shall mean the bulletin boards in the public areas of city hall and other public locations as designated by city council. On-site hazardous waste treatment and storage facilities shall mean facilities which treat and store hazardous wastes generated on the same lot or geographically contiguous or bordering property. Travel between two properties divided by a public right-of-way, and owned, operated or controlled by the same person, shall be considered on-site travel if: (I) The travel crosses the right-of-way at a perpendicular intersection, or (2) The right-of-way is controlled by the property owner and is inaccessible to the public (see WAC 173-303-040(39)). Open record hearing shall mean a hearing that creates the city's record of decision for an application or appeal through testimony and submission of eyidence and information, under procedures prescribed by the city's hearing examiner or the city council. An open record hearing may be held prior to the city's decision on an application, or as part of an appeal. Open space shall mean land not covered by buildings, roadways, parking areas or other surfaces through which water can not percolate into the underlying soils. Ordinary high-water mark shall mean on lakes, streams and tidal waters, that mark that will be found by examining the bed, banks or shore and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil or land a - 15- - ( (' character distinct from that of the abutting uplands; provided that any tidal area where the ordinary high- water mark cannot be found based on the previous text of this definition, the ordinary high-water mark shall be the line of mean high tide. Outdoor shall mean not contained within a building. Outdoor storage shall mean any material or item (including vehicles), being stored for or awaiting sale, lease, processing or repair and npt enclosed within a building. Owner shall mean, in reference to real property, the person or persons holding fee title to the property as well as the purchaser or purchasers under any real estate contract involving the real property. Parking area shall mean any area designed and/or used for parking vehicles. Parking space shall mean an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use. l'cdcJ:al jig" 31,all ",can a gnltlnd memnted 3ign ., hieh e8l,f6"..3 t6 the 3tandard3 of Plate 2. Person shall mean any individual, partnership, association, corporation, unit of government or any other legal entity. Personal wireless services means commercial mobile services, unlic~sed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. Personal wireless service facility (PWSF) means a wireless communication facility, including a microcell, that is a facility for the transmission and/or receiption of radio frequency signals, and which may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve the necessary elevation, and reception and transmission devices and antennas. ,Oð!iticd! Jig" 31.all n,ean a 3ig" ad.erti3ing a candidate fer pllblie office, a pelitieal part} 6r a particlliar , etil,g preference. I'm félhle ð~:dððl 3igll 36all mMn a" etlldððr 3ign Ihat is not permanently a!tae6ed into the gretll,d or a 3trueture. Preapplicalion conference shall mean a meeting, between an applicant and members of the development review committee, which is held prior to formal application, during which the project is discussed relative to city and other pertinent codes and/or regulations. Primary dwelling unit shall mean the main structure located on the subject property which is distinguishable from any accessory dwelling unit because it is greater in total square footage. Primary vehicular access shall mean the major street from which the majority of vehicles enter the subject property. Principal use shall mean the primary or predominant use of any lot or parcel. P. iltl:c od.c. :Ù;"g Jig" 31,all mean a3ign am.ouneing a tempolaf) e,ent, tl3e el eenditiôfl ef pcr3onal eoneell, tò tl,o 3igl, ,,]er 3t1e6 a3, bllt net li",ired \8, ""Ma"e 3al,," 81 "153t dog." - 16- . ( c Private club shall mean an association of persons organized for some common purpose, but not including groups organized primarily to sell merchandise or render a service which is customarily carried on as a business. PI i.d., "atia Jig" shalln.eal, a sig" al",ounei"g aleJtrietion or ..all,ilog legarding tl,e subject propert), sue!, as but I,ot lin,itcd to ",,0 lIopassing" or "be..are of dog." p, i.dl' "affic d;, al;a,¡ jig" sl,.II,iteana sigl. 01, pri ..te ploper!) ..l,iel, I'm, ides il,forl11atioo-fflf ,c(,ieular mo.CI"el,t ..¡,ile on tl.at prõpeI1). p, ~¡cc/¡"g .!ig,' sh.lln,o." a sig", other than. ..alln,ou"ted "r ",al'1uee ,iglo, ..I,ieh is attaehed to al,d project' fIo", a struetUlC "r building faee. Property line shall mean those lines enclosing the subject property and those lines defining a recorded vehicular access easement or tract. The following are categories of property lines: (1) The front property line is any property line that is adjacent to a right-of-way which is more than 21 feet in width, excluding Interstate 5. If the subject property is adjacent to more than one right-of-way which is more than 21 feet in width, the applicant shall designate which of the adjacent property lines is the front property line and the remainder of such adjacent property lines will be considered as either a rear property line or side property line, based on the definition in this section. If the subject property is not adjacent to a right-of-way which is more than 21 feet in width, then the front property line is the property line adjacent or principally oriented to the street providing primary vehicular access to the subject property, as determined by the director of the department of community development. (2) The rear property line is any property line that is farthest from, and essentially parallel to, the front property line. (3) The side property line is any property line other than a front property line or a rear property line. Public park shall mean a natural or landscaped area, provided by a unit of government, to meet the active or passive recreational needs of people. Public utility shall mean the facilities of a private business organization such as a public service corporation, or a governmental agency perfonning some public service and subject to special governmental regulations, the services which are paid for directly by the recip;ents thereof. Such services shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and transportation for persons and freight. The tenn also includes broadcast towers, antennas and related facilities operated on a commercial basis. Public works director shall mean the director of the department of public works of the city. fled! '.!fa.", off-s;.e Jig¡" ,hall n,eal, a rcadil) remo.able sign anl,ounei"g the plôpõ'ed sfile or refttal õf proper!) other lI,an the pro pert) upon ..I,ieh the gig"~ is located ancl pro, idiftg clireetio", to tLc subject proper!). Red! ".dte, ad si.c s;gll, ,hall n,enn" sign """ounei',g tI,e 3ale or ,efttal DftRe proper!) up"n ..I,ieh tI,esig"isloeatecl. - 17- . ( ( Regulated lakes shall mean the following wetlands as shown in the King County Wetlands Inventory Notebooks, Volume 3 South: (I) Lower Puget Sound 6, 7, 12, 15, 16and 17. (2) Hylebos 2, II, 13 and 16. Regulated wetlands shall mean those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas, with the exception of the following areas shown in the King County Wetlands Inventory Notebook, Volume 3 South: (1) Lower Puget Sound Beach; (2) Lower Puget Sound I and 51; and (3) Areas defined as a regulated lake. Methodology in the January 1989 Federal Manual for IdentifYing and Delineating Jurisdictional Wetlands and subsequent United States Army Corps of Engineers regulatory guidance letters will be used for regulatory delineations of wetlands within the city. Although a site specific wetland may not meet the criteria described above, it will be considered a regulated wetland if it is functionally related to another wetland that meets the criteria. Relative shall mean persons connected through blood, marriage or other legal relationships by not more than four degrees or affinity or consanguinity and including persons under legal guardianship. Required yards shall mean the areas adjacent to and interior from the property lines and high- water mark of a lot. If two or more required yards are coincidental, the area will be considered the required yard with the greater dimension. Required yards are categorized as follows: (I) Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance therefrom equal to the required front yard depth. (2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance therefrom equal to the required rear yard depth. (3) High-water line yard. That portion of a lot adjacent to and parallel with the high-water mark and at a distance landward therefrom established in this chapter. (4) Side. That portion of a lot adjacent to and parallel with each side property line and at a distance therefrom equal to the required side yard depth. All required yards not otherwise categorized shall be designated side yards. Residential use shall mean developments and occupancy in which persons sleep and prepare food, other than developments used for transient occupancy. - 18- iii, ( ( Residential zone shall mean the following zones: SE, RS 35.0, RS \5.0, RS 9.6, RS 7.2, RS 5.0, RM 3.6, RM 2.4, RM 1.8 and comparable zones in other jurisdictions. Restaurant or tavern shall mean commercial use (excluding fast food restaurants) which sells prepared food or beverages and generally for consumption on the premises. Retail establishment shall mean a commercial enterprise which provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. Retail sales. bulk shall mean a retail establishment engaged in selling goods or merchandise to the general public as well as to otherretailers, contractors, or businesses, and rendering services incidental to the sale of such goods. Bulk retail involves a high volume of sales of related and/or unrelated products in a warehouse setting and may include membership warehouse clubs, i.e., "big box" retail. Bulk retail is differentiated from general retail by any of the following characteristics: (a) Items for sale include large, categorized products, e.g., lumber, appliances, household furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may also include a variety of carry out goods, e.g., groceries, household, and personal care products; (b) A large inventory of goods and merchandise is stored on the subject site in high-ceiling warehouse areas, high-rack displays, and/or outdoor storage areas; and (c) High volume truck traffic, regular pick up and delivery of large items, a designated contractor pick-up area, and high parking to building ratios. Retail sales. general and specialty is differentiated from bulk retail by the size of the building, size of items purchased and sales volume. General and specialty retail includes the sale of smaller items such as groceries, drug store sundries, specialty hardware, paint supplies, and sports equipment, etc. Typically not a discount or volume warehouse store. Typical user is the general public. Right-aI-way shall mean land dedicated or conveyed to the public or a unit of government, the primary purpose of which is the movement of vehicles and/or pedestrians and providing for access to adjacent parcels, with the secondary purpose of providing space for utility lines and appurtenances and other devices and facilities benefiting the public. Right-oj-way realignment shall mean the changing of the horizontal position of the improvements in a right-of-way. Roofline shall mean the line formed by the outside of the gable of the roof, or if the roof is flat or mansard, the top of the roof or mansard. Runoffshall mean the overland or subsurface flow of water. Schools shall mean institutions of learning, excluding those offering post secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the State of Washington to be taught in public, private and parochial schools. - 19. . ( c Shared access points shall mean a common point of vehicle access from a street to more than one lot or use. Sig.r 3hall mean fIr,) eõl,,"'tinieatiðfl de. ice, 3tmettile õr fixttlre ti,ing gral'l.ie3, letters, figtlre3, s)mbõI3, haden,ar'" al.d/õr ..ritten e51') , ..hie!, is intel,ded tõ dõ either õr bðtl, õfthe fðllõ..ing. (I) Tð idel,tif) a btlilding, tl3e, btl3inE3s ðre.en!. (2) To 1" õn,ote the 3ale õr reeðg"ition of a pfðdtlet, "tisiness, tise, 3e.... iee õr gðOd3. Pai"ted ..all de3ig',3 51 "atten,s ..l,ie!, do nBt reple3e',t a produet, 3er.ice ðr regi3tcrcd traden,ark, and w1ticl1 do 1,0t ¡del,tif) lI,e U3el, are not eðn3idered 3ig,.3. If a "aintcd ..all de3igl, or pattern i3 em"bir,ed .. ith a sign, on I) tl,at part õfthe design er pallem ..hie!, eannot be distinguisl,ed frõm tl.e sig.. ..1H-be considered a3 part of the 3ign. Sig.r '" CéI shalln,ean tl,e entire area õf a sign Oft .. hieh gral'hies, lellers, figures, symbols, trademar'" al.cl/ÕI ..ritten eoI') i3tO be I'laeed, exelucli,.g sign struetme, arehiteetma\ embcllishmCftts al,d frame..6Ik. Sign area is ealeulatcd b) measuring the perimeter enelõsing the extreme limits of the mõdule ðr sign field eentaining the graphics, lclte", figures,s) mbels, trademarks and/or.. ritten eop) , prõ. ¡clcd, I.o..e. or, tl,at incl¡. icluallettef3, numbel> õ, 3) r"bõls tisi,.g a canõp) , a..ning õr ..all a3 tI,e background, ..¡11.6ut added deeõratiðn õr ehange in the eanel') , a..nil,g 5r ..all eeler, ha.e sign area ealculated by mea3tlrir.g tl,c perimeter enelõ3i"g eaeh letter, nun.ber õr S) mbõ\ and tðtaling tl.e S'l"are f"otage õf these. Sigtrjidd ,I.all n.ean the backgrõund tlpOft ..hieh the graphics, lettels, figmcs, ,yn,bol3, traclen,ark or ..rittci. eoI') of II sign aro plaeed. Significant natural vegetation shall mean any area containing a concentration of significant trees; any area of significant biological importance; and any area containing dense, mature, native vegetation. Significant frees: A significant tree shall be defined as: (I) Twelve inches in diameter or 37 inches in circumference measured four and one-half feet above ground; and (2) In good health; and (3) Not detrimental to the community (e.g. is not diseased, dying, or likely offalling into public open space or right-of-way, etc.) or obscuring safe sight distance requirements. Significant trees shall not include red alder, cottonwood, poplar or big leaf maple. [add diagram from pg 1628.3 here] Silt or sedimenr shall mean the soil particles mobilized and deposited by the processes of erosion and deposition. Single housekeeping IIlIit shall mean an individual or two or more individuals related by not more than four degrees of affinity or consanguinity and including persons under legal guardianship, or a group of not more thall three persons who are not related by four or fewer degrees of affinity or consanguinity; provided, however, that any limitation on the number of residents resulting from this definition shall not - 20- f!it ( ( be applied if it prohibits the city from making reasonable accommodations to disabled person in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b). Single-use building shall mean a building which contains one use. Small animals shall mean dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats and similar small wild animals. Social service lransilional housing shall mean facilities other than offices and group homes as defined in this chapter, operated by a nonprofit social service agency, licensed as required by the state, providing temporary and transitional housing to individuals on an as-needed basis including, but not limited to, emergency shelters, homeless shelters, and other such crisis intervention facilities. This classification includes domestic violence shelters as defined herein, except that such shelters wherein the total number of residents does not exceed the maximum number allowed under the family definition, may be permitted outright in all residential zones. Type A: Maximum number of residents to be consistent with the maximum number of unrelated adults allowed under the zoning definition offamily. Type B: All social service transitional housing not meeting the definition of "Type A," above. Maximum number to be detennined on a case by case basis. The limitation on the number of residents in social service transitional housing shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such person equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.c. 3604(f)(3)(b). Special needs housing shall mean housing not specifically defined by this chapter, and which will be processed under the classification most closely related to the proposed use, as detennined by the director of community development services. Slale environmeniaipolicyaci shall mean RCW ch. 43.21c. Storm drainage shall mean the movement of water, due to precipitation, either surficially or subsurficially. Story shall mean the area or a structure between the floor and the horizontal supporting members of the ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area between that floor and the ceiling directly above is not a story. Stream shall mean a course or route, fonned by nature, including those modified by man, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and nonnally flow in draining from higher to lower elevations. Street shall mean both of the following: (I) A public right-of-way. (2) A vehicular access easement or tract. .21 - W; ( ( Street providing direct vehicle occess shall mean the street from which a vehicle can enter the subject property without traversing another street or piece of property. In the case of a multiuse complex, the street providing direct vehicular access is the exterior street that borders the complex and not an internal street surrounded by the complex. . Structure shall mean anything which is built or constructcd, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. Structural alterations shall mean any change in the supporting member of a building or structure. Structured parking shall mean parking provided on more than one level and within a structure, either above-or below-grade. Structured parking shall not include a surface parking lot. Subject properly shall mean the entire lot or parcel, or series of lots or parcels, on which a development, activity or use is or will locate or on which any activity or condition regulated by or subject to this chapter is or will occur or take place. Support structure shall mean any built structure, including any guy wires and anchors, to which antenna and other necessary associated hardware is mounted. Support structues may include the following: . (I) Lal/ice tower. A support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section. (2) Guy lower. A support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors. (3) Monopole. A support structure which consists ora single steel or wood pole sunk into the ground and/or attached to a concrete pad. (4) Exisling nonresidential structure. Existing structures to which a PWSF may be attached with certain conditions. Te"!fJ'" aI} C",¡Wi! cia! sign shall mean a sign assöeiated .. ith a ""sinos, .. hick is painted ðna ..in<lð.. ðl e6nstrtletea ofelotk, paller 51 similar flexible material3, is rendil) reluo,able, al.d clispla) 3 a tempera!) eðmn.ereial message, b"t ueh:1<1ing a real estate, ðn site siglo ðl real estate, eff site sign. Tenant improvement shall mean any work, improvement or remodeling completely within the interior of a building necessary to meet the varied requirements of continuing or succeeding tenants. Threshold determination shall mean the decision by the responsible official (the community development services director) whether or not an Environmental Impact Statement (EIS) is required for projects that are not categorically exempt under the State Environmental Policy Act (SEPA). Topsoil shall mean the uppermost strata of soil containing a large percentage of organic materials and which is capable of providing suitable nourishment fQr vegetation. Trade (or vocational) school shall mean a post-secondary institution that trains persons for qualification in specific trades or occupations, i.e., mechanics, construction, electronics, plumbing, chefs, upholstery, bartending -22- .. ( ( Traffic control devices shall mean signs, signals, stripes and other mechanical or graphic items which control the flow, direction or speed of vehicular and pedestrian traffic. [h,de, dldl q~CL Jig,' ,I,all,..ea" a 'ig.. "Lid, i, attached tð al,d 'tl3pel,dcd frOI.. a mar'ltlcc 01 cal,op) al,d "Lid, do" I,ot extel,d bc)ond tl,c I..ar'ltlec ðr canop). Use shall mean the nature of the activities taking place on private property ðr within structures thereon. Each separate listing under the "Use" column in sections 22-596 through 22-878 is a separate use. Vehicle service s/alioll shall mean a commercial use supplying petroleum products that are for immediate use in a vehicle. Vehicle storage area shall mean an outside area which is used for the storage and/or display of operational vehicles. Vehicular access easemenl or lracl shall mean privately owned land used and legally committed, through easements, plat restrictions or similar mechanisms, to providing access for vehicles and pedestrians to properties other than the property within the tract or easement. It may also provide space for utility lines and appurtenances and other devices and facilities benefiting nearby properties or the public. W"I; mðt",!ca "W' ,hall mean a ,ig" at1ad,ed to and extel.ding I,,:)t mðle tl,a.. 18 i"ehe, f,ol1. the facade 01 face of a btlildil.g 5r a I..an,ard loof "ith the expò,ed face oftL" Jign parallel to the facade or faæ ôfthc btlildil.g or mal.,ard IMf. Walerward shall mean toward the body of water. Well head shall mean the top of the shaft of a well or similar water extraction facility from which potable water is extracted. Wholesale trade shall mean a commercial establishment which sells to retail establishments. Zones shall mean use zones as described in sections 22-596 through 22-878. Zoning map shall mean the series of maps adopted by the city, and designated the official zoning map of the city, showing the geographical location of use zones within the municipal boundaries. (Ord. No. 90-43, § 2(3.10),2-27-90; Old. No. 90-51, §§ 1,2.3-27-90; Old. No. 91-87, §§ 2--4, 2-5-91; Old. No. 9t-92, § 4, 4- 16-91; Old. No. 91-100. § 4, 6-4-91; Ord. No. 91-105, § 3, 8-20-91; Old. No. 91-113, § 3,12-3-91; Old. No. 94-223 § 3(A), 10- 18-94; Old. No. 95-245. § 3(A), 11-21-95; Ord. No. 96-269, § 3, 6-18-96; Ord. No. 96-270, § 3(A). 7-2-96; Old. No. 97-295, § 3,5-20-97; Old. No. 97-29t, § 3, 4-1-97; Old. No. 97-296. § 3, 6-17-97; Old. No. 97-300, § 3.9-16-97; Old. No. 97-307, § 3. 12-16-97) Cross reference(s)--Definitions and rules of construction generally, § 1-2. - 23 - ~ ( ( Exhibit B Federal Way City Code Sec. 22-335. Nonconforming signs. 1f!E ( Sec. 22-335. Nonconforming signs. (a) Purpose. In order to ease the economic impact of this code on businesspersons with substantial investment in signs in existence on the date of adoption of this code, this section provides for up to ten years of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this ten-year time period and/or may be amortized for federal' income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. (b) Definitions. A nonconforming sign shall mean any sign as defined by section 22-1597 which was legally in existence on the effective date of this code, February 28, 1990 but which docs not comply with the sign regulations of Article XVII!, "signs" or any other sections of this code. Any words, terms or phrases used in this section and which arc not otherwise defined shall have the meanings set forth in sections 22-1 and 22-1597 of this Code. (c) Legal nonconformance. (1) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of this code, February 28, 1990, or located in areas annexed to the city thereafter which does not conform with the provisions of this code, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: (i) The sign was covered by a sign permit on the date of adoption of this code, if one was required under applicable law; or (ii) If no sign perm it was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the date of adoption of this code. (2) Allowed. All legal nonconforming signs are allowed subject to all pennit requirements, the provisions covering loss of legal nonconfonning status and other limitations set forth in this section. (3) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be eligible for characterization as legalnonconfonning signs. (d) Legal nonconforming sign permit. (I) Required. A legal nonconforming sign penn it is required for each legalnonconfonning sign. The pennit shall be obtained by the sign user or the sign owner, or the owner of the property upon which the sign is located, within 60 days of notification by the city that the sign is legal nonconforming. The perm it shall be issued for no fee and shall expire at the end of the applicable amortization period prescribed in FWCC 22-335(E). (2) Necessary information. Applications for a legal nonconfonning sign permit shall contain the name and address of the sign lIser, the sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the director of community development may require to ensure compliance with the code, including proof of the date of installation of the sign. .. ( ( (3) Failure to comply. A legal nonconforming sign for which no permit has been issued within the 60-day period shall within six months be brought into compliance with the code or be removed. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties of section 22-1604. (e) Amortization. All legal nonconforming signs shall be discontinued and removed or made conforming within ten years from the effective date of this code, on or before February 28,2000, and all signs which are made nonconforming by a subsequent amendment to this code shall be discontinued and removed or made conforming within five years after the date of such amendment (collectively the "amortization period"). Upon the expiration of the amortization period, the sign shall be brought into conformance with this code, with a permit obtained, or be removed. A sign prohibited pursuant to section 22- ¡ 600 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. (I) Extension or exemption from amortization period. (1) Applicability. This subsection applies to any sign which is required to be removed pursuant to subsection (e) of this section following expiration of the amortization period. (2) Purpose. A sign amortization exemption or extension is a mechanism by which the city may provide relief from the effect of the sign amortization program when its enforcement would fail to noticeably improve the appearance of the neighborhood and the city any when a hardship would result from its enforcement. (3) Who may apply. the property owner or the person displaying the sign which is required to be removed pursuant to subsection (e) of this section may apply for a sign amortization extension or exemption. (4) Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: (a) The sign is compatible with the architectural design of structures on the subject property. (b) The sign substantially complies with the requirements of the sign code for the land use district in which it is located. For purposes of this subsection, "substantial compliance" shall mean that the height of the sign is within ten percent of the sign height required by Article XVIII of this code and that the sign area of the sign is within 20 percent of the sign area required by article XVIII of this code. Minor deviations from these percentages may be approved by the administrator ifhe or she concludes that the resulting sign is harmonious with the character of the primary structures on the subject property and with the signs and structures on surrounding properties; (c) The enforcement of this code would result in a substantial hardship to the applicant due to the size, shape, topography, location or surroundings of the subject property and such hardship was not created by any action of the applicant or would result in a substantial - 2- ~ ( ( economic hardship to the applicant because the applicant erected a sign, or made an application for a sign permit, between February 28, 1990 and June 6, 1995 in compliance with the existing sign code. (d) The sign complies with the city's minimum sign distance at intersection requirements pursuant to section 22-1 151 etseq.; (e) If illuminated, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not correctly visible; (I) It is consistent with the city' comprehensive plan; and (g) It is consistent with the public health, safety and welfare. (5) Applicable procedure. Except as otherwise provided by this subsection (I), the city will process an application for a sign amortization exemption or extension through Process I, Article-Vf of this code. (g) Loss of legal nonconforming sign status. All nonconforming signs shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: (I) Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated; (2) Other alterations. The applicant is making any change, alteration or performing work other than nomlalmaintenance or other than tenant improvements, in any 12-month period to any structure that houses or supports the use with which the nonconforming sign is associated and the fair market value ofthose changes, alterations or other work exceeds 25 percent of the assessed value of that structure as determined by the King County Assessor; (3) Abandonment or business cessation. The subject property containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days; (4) Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. (5) Change in use. There has been a change in use on the subject property as that term is defined by section 22-1 of this code. - J . -- ( ( (6) Change iI/tel/all/. There has been a change in tenant or business on the subject property. [n connection with any multiuse or mu[titenant complex, the foregoing events which require that a nonconforming sign be either removed or brought into conformance with this code, shall apply only to the individual owner's or tenant's building mounted or frecstanding signs who has triggered the elimination of the legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification Or tenant directory sign in order to include such tenant's name. (h) Historic signs. Nonconforming on-sitc historical signs may be retaincd through Process II, Article VII of this code. if thc sign is determined to be of historic significance by satisfying all of the following criteria: (1) The sign is used in connection with a building which has been designated as a historic building pursuant to any federal, state or local preservation authority; (2) The subject sign or signs are substantially unchanged or unaltered since initial installation; (3) The subject sign or signs are a good example of the prevailing signage during the period in time it was installed; and (4) The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfarc. (i) Exemption. The city may elect not to apply any provisions of this section 22-335 if the removal of a sign would require the city to pay compensation under any federal, state or other law, including RCW ch. 47.42. (Ord. No. 90-43, § 2(165.35(5)), 2-27-90; Ord. No. 91-113, § 4(165.35(5)),12-3-91; Ord. No. 92-135, § 3( 165.35(5»),4-21-92; Ord. No. 92-144. § 3(165.35(5)), 6-16-92; Ord. No. 95-235, § 3, 6-6-95; Ord. No. 97-307, § 3, 12-16-97) Cross reference(s)-Sign regulations, § 22-1596 et seq. - 4- - ( ( Exhibit C Federal Way City Code Article XVIII. Signs -.t ( ( ARTICLE XVIlI. SIGNS' 'Editor's note-Ord. No. 95-235, § 4, adopted June 6, 1995, deleted former Art. XVIII, §§ 22-1596-22-1619- ruari,. to signs, and enacted a new Art. XVIII to read as herein set out. The provisions of former Art. XVIII derived from Ord. "°. 90-43 § 2, adopted Fcb. 27, 1990. ' Cross reference(s)--Sign, code and construction standards, § 5-281 et seq.; signs in parks and recreation areas rcsniaed, § 11-85; sign nonconformance must be immediately brought into confomlance with the applicable provisions of the zorung regulations, § 22-330; requirements for conformance of nonconforming signs, § 22-335; district regulations, § 22-57: <: =:j.: supplementary district regulations, § 22-946 et seq.; required screening for rooftop apportenances, § 22-960: site di"-,,C1o< requirements at intersections, § 22-1151 el seq. Sec. 22-1596. Purpose. It is the purpose of this article to balance public and private needs. Within this broad pur¡J<.-"'5C are the following objectives: (I) Recognize the visual communication needs of all sectors of the community for identific:arion and advertising purposes; (2) Promote a positive visual image of the city and protect property values by 1) encouraging signs that are appropriate and consistent with surrounding buildings and landscape in both =.Ie and design, appropriate to the size of the subject property and the amount of street front":,o:<' adjacent to the subject property, and appropriate in relationship to the size of the buildin~ and 2) discouraging excessive numbers of signs; (3) Protect the public health, safety, and welfare by regulating the placement, removal, installation, maintenance, size, and location of signs; (4) Support and enhance the economic well-being of all businesses within the city, and in particular recognize the needs of all businesses to identify their premises and advertise their products; (5) Assure equal protection and fair treatment under the law through consistent application of the regulations and consistent enforcement; (6) Consistency with the comprehensive plan; (7) Recognize that the aesthetic value of the total environment does affect economic valuæs of the community, and that the unrestricted proliferation of signs can and does detract from lhe economic value of the community; (8) Provide controls on sign proliferation to preserve community scenic, economic, and a.e>thetic values; and (9) Provide for the elimination of billboard signs after a reasonable amortization period recognizing that billboards affect the aesthetic value of the community thereby reducing property values and impacting traffic safety because of the distraction that is created b: large signage along public rights-of-way. (Ord. No. 95-235, § 4, 6-6-95) .' ( ( Sec. 22-1597. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (I) Abandoned sign means any sign remaining in place after a sign has not been maintained for a period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180 consecutive days. (2) Administralor means the director of community development or his/her designated representative. (3) Animated or moving sign means any sign that uses movement, by either natural or mechanical means, or change of lighting, either natural or artificial, to depict action to create a special effect or scene. ill Architectural embellishments - sif!11s means the aesthetic elements of the structure that includes or encloses a sign. Thev do not include anv cOPV. text. logos. graphics. or other elements of the sign face or sign base. but are solelv intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. ill Awninl! means a shelter projecting from and supported bv the exterior wall of the building and are constructed of a non-combustible framework and covered bv a flexible or non-rigid fabric. Awnings can be fixed. retractable or collapsible. Anv structure that extends above the adjacent parapet or roof of a supporting building is not included within the definition of awning. E4)(§} f51(1} t6100 ftH2.l Awning or canopy sign means a nonelectric sign on the vertical surface or flap that is printed on, painted on, or attached to an awning or canopy. Illumination for the awning or canopv shall be for safetY purposes onlv. and therefore. shall point toward the ground and not illuminate the canopv. (See also f'marquee sign.") Balloon means a decorative inflatable device, generally composed of a thin layer of latex or mylar, into which a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See also "inflatable advertising device.") Banner means a sign made offabric or any nonrigid material with no enclosing framework. Billboard means pennanent outdoor advertising off-site signs containing a message, commercial or otherwise, unrelated to any use or activity on the subject property on which the sign is located, but not including civic event signs, government signs, or instructional signs. f&1 UQ} Building mounted signs means any sign attached to the facade or face of a building ill mansard roof including without limitation wall signs, marquee signs, under canopy signs and projecting signs. - 2- . ( ( Ull Cabinet sif!n means a sign constructed of a box. rigid material. or framework over or within which is secured the sign copv. text graphics. or other sign elements. Cabinet signs mav have either interior or exterior illumination. Ull Canopy - buildinf! means a rigid multi-sided structure covered with fabric. metal. or other material and supported bv a building at one or more points or extremities and bv columns or posts embedded in the ground at other points or extremities. Anv structure which extends above anv adjacent parapet or roof of the supporting building is not included within the dctìnition of a building canopv. f..Lil COllOPY - freestalldillf! means a rigid. multi-sided structure covered with fabric, metal or other material and supported bv one or more posts embedded in the ground. E97 UÐ Canopy sign. See awning or canopy sign. (+{)1 ill..) Center identification sign means a building mounted or freestanding sign that identifies the name and/or logo of a development containing more than one office, retail, institutional or industrial use or tenant and which may separately identify the tenants. (-H-J i..lQl Changeable copy sign means a sign whose infonnational content can be changed or altered (without changing or altering the sign frame, sign supports or electrical parts) by manual or electric, electro-mechanical, or electronic means. A sign on which the message changes more than eight times a day shall be considered an electronic changeable message sign and not a changeable copy sign for purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time and/or temperature shall be considered a "time and temperature" sign and not a changeable copy sign. tH1 Ul.) City means the City of Federal Way, a Washington municipal corporation, unless the context clearly indicates otherwise. tH7 OÐ Clearview zone means the definition set forth in section 22-1511 et seq. of this code for intersection sight distance requirements. (+4H.l.2.ì Community service event or civic event means an event or gathering, (such as a food fest, concert, fun run andier meetin[. cultural exhibition. or charitable fund raising event) sponsored by a private or public non-profit organization. Sponsoring organizations can include. but are not limited to, ineludi,.g a 3ehððl schools, church~ ör-and/or civic fraternal organizations, theater and arts groups, and charitable organizations. The eyent !!l!!Y not ~ primarily for the purpose of selling or promoting merchandise or services. (+5HIQ.ì Construction sign means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Construction signs also include "Coming soon" and "Open During Construction" signs. ~ í1JJ Copy means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic fonn. .. ( ( ~ @ Directional sign. on-site means a sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs). t!-87 Glì Electrical signs means a sign or sign structure in which electrical wiring, connections, or fixtures are used. t+9} a1ì Electronic changeable message sign means an electronically activated sign whose message content, either whole or in part, may be changed by means of electronic programming. ~ ail Exposed building/ace means the building exterior wall of a single occupant building or the building exterior wall of an individual tenant's leased space in a multi-tenant complex, including the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation for building mounted signs. ßB a§l Facade means the entire building front including the parapet. ~ í11.ì Festoons means a string of ribbons, tinsel, small flags, or pinwheels. R37 @ Flag means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem or for decoration. ß41 {W Flashing sign means a sign when any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination. RÆ1 QQ} Freestanding sign means a sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. Freestanding signs include those signs otherwise known as "pedestal signs," "pole signs," "pylon signs," and "monument signs." ~ ill} Frontage means the length of the property line along any public right-of-way on-which it borders. fR1 Qll Frontage, building means the length of an outside building wall on a public right-of-way. E'!81 Œ11 Fuel price sign means a sign displaying the price of fuel for motorized yehicles. R9J {H} Graffiti means the inscription of symbols, works, or pictures by painting, spray painting or other means of defacing public or private property. aJJ. Grand Oveninf! means a promotional activity used bv newly established businesses to inform the public of their location and services available to the community. A Grand Opening does not mean an annual or occasional promotion of retail sales or other services and does not include a change in ownership. remodeling, or other change incidental to the initial establishment of the business. -4 - . c ( QQl Ground mounted sism shall mean a pedestal sign. pole. pvlon. monument sign or anv sign permanentlv affixed to the ground. E3{)j Q1} Government sign means any temporary or permanent sign erected and maintained by any city, public utility, county, state, or federal government for designation of or direction to any school, hospital, hospital site, property, or facility, including without limitation traffic signs, directional signs, warning signs, informational signs, and signs displaying a public service message. ß+7 UJU Height (of a sign) means the vertical distance measured from the highest point of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. ~ U.2.ì Identification sign: A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified. tB1 (1Ql Identification sign (subdivision): A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development. ß4} (1l} Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. ß51 ill} Incidental sign m~ans a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business). ß61 ill} Inflatable advertising device means an advertising device that is inflated by some means and used to attract attention, advertise, promote, market, or display goods and/or services. These devices include large single displays or displays of smaller balloons connected in some fashion to create a larger display. ß'7} í111 Instructional sign means a sign which designates public information including, without limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs. ß2l IntefZl"al sism shall mean a sign displaying a building date. monument citation. commemorative inscription. or similar historic information. ~ (1§} Kiosk means a freestanding sign, which may have a round shape or which may have two or more faces and which is used to provide directions, advertising or general information. ß9} ßl) Maintenance means the cleaning, painting, and minor repair of a sign in a manner that does not alter the basic repy; design, size. height. or structure of the sign. (4G} (1!U Marquee sign means any sign atta~hed to or supported by a marquee, which is a permanent roof-like projecting structure attached to a building. (12} Menu Board means a permanentlv mounted sign advertising the bill of fare for a drive-in or drive-thru restaurant. - 5 - - ( ( (4+1 ŒQ} Monument sign means a freestanding sign supported permanentlv upon the ground bv a solid base l,a. iug tl.e appearanee Bf a 30lid "a3C of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. (See drawing set forth in 22-1602(C)(2), Figure 8.) te1 Œl} Multi-tenant complex means a complex containing two or more used or businesses. f:437 Œlì Multiuse complex means the definition of"multillse complex" set forth in section 22-1 of this code 30 long a3 eaeh complex eontai¡,3 f¡, e BI I"Ble tl3C3 or 1o"3i"e33E3. f447 Œlì Mural means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business, product, service, or activity. E451 Œiì Nameplate means a nonelectric on-premise identification sign giving only the name, address, and/or occupation of an occupant or grollI' of occupants of the building. E467 Œiì Neon (outline tubing) sign means a sign consisting of glass tubing, filled with neon gas, or other similar gas, which glows when electric current is sent through it. f4't7 ŒQ} Obsolete sign means a sign that advertises a product that is no longer made, a business that is no longer in operation, or an activity or event that has already occurred, except for historical signs. f481 Œ1l Off-site sign means a sign relating, through its message and content, to a business activity, use, product, or service not available on the subject property on which the sign is located. {497 ill} On-site sign means a sign which contains only advertising strictly applicable to a lawful use of the subject property on which the sign is located, including without limitation signs indicating the business transacted, principal services rendered, and goods sold or produced on the subject property, or name of the business and name of the person occupying the subject property. ~ Œ2l Person means any individual, corporation, association, firm, partnership, or other legal entity. E5+7 (§Ql Pedestal means freestanding signs supported permanently upon the ground by-ßtte-ðr fflßre by a solid base ~ of landscape construction materials such as brick stucco, stonework. textured wood. tile or textured concrete materials harmonious with the materials of the primarv structure on the subiect-propertv. Such base ..hiek loa3e ðr loa3e3 shall be equal to at least fifty percent of the sign width~ (See drawing set forth in section 22-l602fÐ1(C)(1), Figure 6.) ~ i.Q.ll Paint of purc;hase display ar sim means an advertisement for ad, erti3iug ðf an item accompanying its display indicating only instructions and the contents or purpose of the item (e.g. an advertisement on a product dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.). - 6- -.0 ( ( f531 (Q£} Pole or pylon signs means freestanding signs supported permanently upon the ground by poles or braces of materials such as brick. stucco. stonework. textured wood. tile or textured concrete materials harmonious with the materials of the primarY structure on the subject property and not attached to any building (See drawing set forth in section 22- 1602EÐ}(C)(1), Figure 7.) t541 @.l Political sign means temporary signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with local, state, or national election or referendum. f557 (Qi) Portable sign means any sign designed to be moved easily and not permanently affixed :0 the ground or to a structure or building. Portable signs differ from temporary signs in th~1 portable signs are made of durable materials such as metal, wood, or plastic. [Q2} Pre-ofJeninf! sif!n shall mean a temporarY sign which identifies a new business moving into "- new tenant space or building. The sign must include the name of the business and CODY stating the business will open soon (e.g. "Coming Soon..." "Opening Soon...". etc.). E567 (§§} Private advertising sign means a temporary sign announcing an event, use or condition ,,¡ personal concern to the sign user including without limitation "garage sale" or "lost animal" signs. (Q1l Private notice sim shall mean a sign announcing a restriction or warning regarding the subi"..:! property. such as. but not limited to. "no trespassing" or "beware of dog." E5-17 (2JU Projecting sign means a sign, other than a flat wall sign, which is attached to and projec1S from a building wall or other structure not specifically designed to support the sign. f581 (§2} Public right-of-way means land owned, dedicated or conveyed to the public, used primarily for the movement of vehicles, wheelchair and pedestrian traffic and land privately owned, used primarily for the movement of vehicles, wheelchair and pedestrim traffic, so long as such privately owned land has been constructed in compliance with an applicable laws and standards for a public right-of-way. E597 ŒQl Real estate, off-site sign means a portable or temporary sign announcing the proposed 5~Je of property other than the property upon which the sign is located and providing directions to the subject property. E6GJ UD Real estate, on-site sign means a sign placed on the subject property and announcing th" sale or rental of the subject property. f6+) ŒD Roof sign means any sign erected. constructed. or placed upon. over. or above the eaVe5 or on the roof of a building or structure. excluding signs affixed to the face of a mansar¿ style roof. and which is whollv or in part supported bv the building. ~ U;U Sign means any communication device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, graphics, graphic designs, figures. logos, ðr trademarics~ and/or written copy ¡or the purpose of: a) providing information or directions; or b) - 7 - ~: ( ( promoting, identifying, or advertising any place, building, use. business, event, establishment, product, good, or service, and includes all supports, braces, guys, and anchors associated with such sign. Painted wall designs or patterns which do not represent a product. service or registered trademark, and which do not identify the user, are not considered signs. If a painted wall design or pattern is combined with a sign. only that part of the design or pattern which cannot be distinguished from the sign will be considered as part of the sign. f6'B U1l Sign area means the entire area of a sign on which colors, words, letters numbers, symbols. graphics, graphic design, letters; figures, logos, ~ trademarks and/or written copy is to be placed, excluding sign structure, architectural embellishments and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or written copy; provided, however, that individual letters, numbers or symbols using a canopy, awning or wall as the background, without added decoration or change in the canopy, awning or wall color, haye sign area calculated by measuring the perimeter enclosing each letter, number or symbol and totaling the square footage of these perimeters. f641 (]2} Sign face means the area of a sign on which the colors. words, letters, numbers, symbols, graphics, graphic design letters; figures, logos, ~ trademark and/or written copy is placed. t65) (76) Snipe sign means a temporary sign or poster posted on trees, fences, light posts or utility poles, except those posted by a government or public utility. f66} (]]j Temporary sign means a sign not constructed or intended for long-term use. t6-1) ~ Tenant directory sign means a sign for listing the tenants or occupants and then suite numbers of a building or center. ~ U2.ì Time and temperature sign means any sign that displays the CUITent time and temperature, without any commercial message. ~ Œ.Ql Under canopy sign means any sign intended generally to attract pedestrian traffic suspended beneath a canopy or marquee which is at a 90 degree right angle to the adjacent exposed building face and which contains no commercial messages other than the name of the business. (ill Vehicle sim means a sign temporarily affixed or attached to a parked vehicle for the purpose of advertising a product or service or providing directions to such products or services. pG} {jQ} Wall sign means either a sign applied with paint or similar substance on the surface of a wall or a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the side or edges. PB Œll Warning signs mean any sign which is intended to warn persons of prohibited activities such as "no trespassing," "no hunting," and "no dumping." - 8- . ( ( ~ Œ12 Window signs mean all signs located inside and affixed to a window and intended to be viewed from the exterior of the structure. (Ord. No. 95-235, § 4, 6-6-95) Sec. 22-1598. Scope. This article applies to all existing signs and all signs erected, moved, relocated, enlarged, structurally changed, painted, or altered after February 28, 1990, and all such signs must comply with the requirements of this chapter. (Ord. No. 95-235, § 4, 6-6-95) Sec. 22-1599. Permits. A. Permit requirements. No sign governed by the provisions of this code shall be erected, moved, enlarged, altered or relocated by any person without a permit issued by the city unless such sign is expressly excluded from this permitting requirement pursuant to section 22-1 599(C). An applicant shall pay the permit fees set forth in the city's fee schedule. No new permit is required for signs which have valid, existing permits and which conform with the requirements of this code on the date of its adoption unless and until the sign is altered or relocated. Signs which, on the date of adoption of this code, do not conform with this code's requirements may be eligible for characterization as nonconforming signs and for nonconforming sign permits under Section 22-335 of this code. B. Permit applications. Applications for permits shall contain the name and address of the owner and user of the sign, the name and address of the owner of the property on which the sign is to be located, the location of the sign structure, drawings or photographs showing the design and dimensions of the sign, details of the sign's proposed placement and such other pertinent information as the administrator may require to insure compliance with this code. C. Permit exviration and insvection. All sign permits expire one vear from the date of issuance. If no work was initiated to install or construct anv Dart of the sign. the permit for such sign expires six months from the date of issuance. All signs for which a oermit was issued must receive a final inspection for compliance with applicable requirements. It is the responsibility of the applicant to provide access for inspection. &. .!2 Permit exceptions. (I) Maintenance and operation. A sign permit is not required for maintenance of a sign or for operation of a changeable copy sign and/or an electronic changeable message sign. (2) Exempt signs. A sign permit is not required for the following signs or modifications to signs; provided, however, that such signs shall comply with all of the following requirements: (a) Address identification with numbers and letters not more than ten inches in height. (b) Balloons no greater than 18 inches in diameter and no more than five balloons per display with a tether no longer than 36 inches. No more than two displavs are permitted per site. -9. .1 ( (c) Barber poles. (d) Construction signs so long as such signs are limited to two signs per project and each sign does not exceed 32 square feet per sign face and ten feet in height. Construction signs shall not be displayed prior to issuance of a building permit and shall be removed prior to the issuance of a certificate of occupancy. One "Coming soon" or "Open During Construction" sign per site entrance is also permitted. (e) Directional signs. On-site. Each sign shall not exceed four square feet in sign area if the directional sign is indicating one direction and shall not exceed eight square feet in sign area if such sign is indicating more than one direction. Each sign may be no more than five feet in height. No more than two signs per street frontage are permitted for multi- tenant complexes. Single tenant properties shall be reviewed on a case-by-case basis. Center or complex names or logos shall not comprise more than 20 percent of the total sign area. (f) Flags of any nation, government, educational institution, or noncommercial organization. Decorative flags without corporate logos or other forms of advertising are also excluded from permit requirements. All flags must be a minimum size of five square feet unless it is a national or state flag and the official national or state flag is less than five square feet in size """ but not larger than 40 square feet in size. (g) Fuel price signs. Signs shall be located on the property where fuel is sold, shall be limited to one monument sign per street frontage not exceeding five feet in height and sign area shall not exceed 20 square feet per sign face. (h) Co, ernn,ent JignJ. The I"efltion, ntlmber and the eðllteflt "f Joeft 3iglo3 be apI"'" ed bJ the city-. ~ili.ì Gravestones or other memorial displays associated with cemeteries or mausoleums. EiHi2 Historical site plaques and signs integral to an historic building or site. EkJill Holiday decorations displayed in conjunction with recognized holidays. f!1Qs} Incidental signs attached to a structure or building, providing that the total of all such signs per use or business shall not exceed two square feet. Em7ill Instructional signs that do not exceed six SQuare feet in area per sign face. En} ÚIÙ Integral design features when such features are an essential part of the architecture of a building (including religious symbols) and when such features do not represent a product service, or registered trademark. ú:ù Integral signs when no more than one per building. (0) Interior signs located completely within a building or structure and not intended to be visible from outside the structure, exclusive of window signs. .10 - -- ( ( illl Menu board not to exceed 32 square feet per sign face and a maximum height of five feet (two permitted per site). EPJ(g} ww fr1W fs1W Et1úù Nameplates not to exceed two square feet per sign face. Non-blinking small string lights which are part of decoration to be used in association with landscaped areas and trees. Point of purchase displays. Point of Durchase signs are limited to two square feet in area and one sign per point of purchase. Such signs shall on Iv display instructional or Drice information and shall not include CODV Dertaining to anv sDecial sale or Dromotion. Point of Durchase displav signs shall be Dermitted in conjunction with an outdoor use. activity. or storage as authorized under article 2. division 8 of this code. Political signs so long as the maximum area per sign is limited to six square feet. No political sign shall be displayed later than seven calendar days after a final election. Private advertising signs. The sign shall be limited to eight square feet per sign face and five feet in height, the sign must be immediately removed at the end of an event, use or condition, the sign must contain the address of the event or advertiser, and there shall be no more than six such signs advertising an event. M Private notice signs. MM MW Ew1M Real estate signs. (I) Off-site. The number of off-site real estate signs shall be limited to six per property per agent; provided, however, that there shall be a minimum separation of200 lineal feet between such signs. The area of such signs shall be no greater than six square feet per sign face. All off-site real estate signs must be removed each day at the conclusion of the open house or other sales event and are permitted only between sunrise and sunset when the seller or the agent are in attendance at the subject property. (2) On-site. The number of on-site real estate signs shall be limited to one per agent per street frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall be no greater than six square feet per sign face. For other uses and developments, the size shall not exceed 32 square feet per sign face. All on-site real estate signs must be removed when the sale closes. or in the case of a rental or lease, when the tenant takes possession. Temporary business signs for temporary business defined by section 9-386 of this code; provided, however, that each licensed temporary business is only allowed two signs of 16 square feet per sign face. If only one sign is used, that sign may be =M n. square feet per sign face. Under canopy signs not exceeding the width of the canopy and eight square feet in size and provided that a minimum separation exists between such signs equal to 20 lineal feet or more. -11- Iif' (" Mill Warning signs. b'1~ Window signs not exceeding 25 percent of the window area only to advertise products, goods or services for sale on-site, business identification, hours of operation, address, and emergency information. &-. £., Temporwy ond special signs. No permit for any sign for any civic event, community service event, special sale/promotional event, grand openings, mural display or scoreboards shall be used unless such sign complies with the sign type, maximum number, maximum sign face area, maximum height, location, duration and all other allowances and limitations for those uses described in Table 1, "Allowances for Temporary and Special Signs--Permit Required." F. Government sif!ns. The location. number. and content of signs used to identify government facilities must complv with the standards for commercial signs in that zone and be appropriate to the use. All signs must be approved bv the citv. Street and traffic signs are excluded from these requirements. &. Q., Residential Zone signs. No permit in any residential zone shall be issued for any sign unless such sign complies with the sign type, maximum number, maximum sign area, maximum height, location, duration and all other allowances and limitations for those uses described in Table 2, "Sign Allowances for Residential Zones--Pennit Required." F-.!:i Sign registration. No person shall maintain a sign in the city without first having been issued a proper and current sign registration unless the sign is expressly exempt from such registration requirements. All signs exempt from the pennitting requirements set forth in section 22-1599 shall be exempt from the registration requirements. The sign registration shall be issued in connection with a person's busil1ess registration pursuant to section 9-29 of this code or issued after the city has independently obtained the dimensions of the sign and other necessary infonnation. Sign owners or users who, on the date of adoption of this code, have current business registrations are not required to apply to register their signs until the next renewal of their business registration. A sign registration shall be yalid until such time as the applicant alters the sign in any way, in which case the applicant will be required to apply for a new sign registration and sign permit. No penn it fees will be charged in connection with such sign registrations. The city will assign a registration number to each sign upon issuance of the business registration; and approval of a sign registration application, ()r tipe>n the eil) inelepenelent!) obtaining the meastiremcnts of an) sign. The city shall affix the registration sticker containing the registration number to the face of the pennitted sign. Upon issuance of a registration, the city will advise an applicant if his/her sign is in compliance with this code, is a legal nonconfonning sign pursuant to section 22-335, or an illegal nonconfonning sign pursuant to this code. 6-. L Bond. The city may require a bond under section 22-146 et seq. to ensure compliance with any aspect of this article. Sec. 22-1600. Prohibited signs. The following signs or displays are prohibited in all zones within the city. Prohibited signs are subject to removal by the city at the owner's or user's expense pursuant to section 22-1604 of this chapter: (a) Abandoned or obsolete signs. . 12. ti1if ( ( (b) Animated or moving signs. (c) Banners, except as expressly allowed pursuant to Table 1 and section 22-1599(c)(2)(1) of this code. (d) Billboards. (e) Dilapidated, non-maintained signs. (I) (g) Graffiti. Flashing signs, except electronic changeable message signs or changeable copy signs. (h) Inflatable advertising devices, except as expressly allowed in section 22-1599(E). (i) (j) Mylar balloons. Obstructing signs which obstruct or interfere with free access to or egress from a required exit from a building or structure. ill Off site signs except those express Iv allowed in this chapter. Will (-!HlllÌ fm1Ûll W(Ql Wúù Wúù t<¡}û:1 Pennants, streamers, ribbons, spinners, whirlers, propellers, festoons, blinking lights, or similar items that attract attention through movement, reflection or illumination unless expressly allowed pursuant to Table I of this code. Portable signs except as expressly allowed in section 22-1 599(C)(2). Real estate signs providing information other than the name of the development and that the subject property is for sale, lease or rent, such as signs which only announce the features or amenities of the subject property (i.e. features such as indoor pool, hot tub jftettW, tubs, fireplaces, skylights, covered parking, free cable, laundromat services, community centers, etc.) Right-of-way signs including any sign in a public right-of-way except governmental signs. Roof sign. Simulations of traffic signs. Any sign using the words "stop," "look," or "danger," or any other words, symbols, or characters in such a manner as to interfere with, mislead, or confuse pedestrian or vehicular traffic. Snipe signs. Vehicle signs including any sign attached to, or placed on a parked vehicle or trailer used principally for advertising purposes, rather than transportation, but excluding signs relating to the sale, lease, or rental of the vehicle or trailer and excluding signs which identify a firm or its principal product on a vehicle operated during the normal course of business. (Ord. No. 95-235, § 4, 6-6-95) fr1W - t3 - « TABLE 1 ALLOW ANCES FOR TEMPORARY AND SPECIAL SIGNSupERMIT REQUIRED SIGN PURPOSEI APPLICABLE SIGN TYPE MAXIMUM MAXIMUM SIGN AREA MAXIMUM LOCATION REMARKS DESCRIPTION ZONES ALLOWED NUMBER HEIGHT Civic Evcnt or All Wall mounted Handled on a lIandled ", a C." OJ "" BMi, IIflndled ÐIt e Cm On-site & on'site Thirty days prior to the Cummunity b"nners,_, Case-by-c",e OITsite si.ns excludin. wall ~~ event. Remove within Service Event temporary portablc Basis mounted banncrs may bc no lar.cr feet except wall five days of the close of (Tcmporary) signs, innatable than six sauare reet pcr lacc. On mounted si.ns thc event. advertising devices, site si.ns .nd wall mounted search lights & banners m.v be no I""", than 32 beacons. sauare feet p" face. Civic Event or All Freestanding One per site. The total sign area of freestanding Monument signs-six Non-residential Electronic changeable Community monument or wall monument signs shall not exceed feet. Freestanding zones--onlolT-site. message signs allowed. Serviec Event sign, 64 square rect ror thc total 01',,11 signs--12 rect. W"II Residcntial Signs cannot contain (Permanent) faces and no one face shall exceed signs shall not project zones--on-site commereial messages. 32 square rect. Wall signs shall not above thc roolline. only. exceed seven percent of the exposed building face to which it is attached. Speci,,' S,,1e1 Non- Banners only. Handled on a Handled on a Case-by-case Basis Handled on a Case- On-site. Banncrs Special promotions-~ Promotional Event residential Case-by-ease by-case Basis must be attached 2Q days total per calendar (e.g., anniversary Zoning Basis to an exposed year. No more than four sale,etc.) Districts building face. events oer vear. Does not inelude window signs. Grand Non- Banners, tempor"ry Handled on a Handled.on a Case-by-case Basis Handled on a Case- On-site. Banne" Grand openings--30 days. Opcnings residcnti,,1 portable signs, Casc-by-casc by-case Basis must be attacbcd Event must occur within Zoning inOatable advcrtising Basis to an cxposed 60 davs or occupancy. Districts devices, search lights building face. & beacons. Murai Display Non- Painted Mural Handled on a Handled on a Case-by..ase Basis Handled on a Case- Handled on a residential Case-by-case by-case Basis Case-by-case Zoning Basis Basis Districts Scoreboards All Electronic Handled on a Handled on a Case-by-case Basis Handled on a Case- Handled on a (Athletic Fields) Changeable Message Case-by-casc by-case Basis Case-by-case Sign. Basis Basis '""'" '""'" " - 14- TABLE 2 SIGN ALLOWANCES FOR RESIDENTIAL ZONES--PERMIT REQUIRED RESIDENTIAL ZONES =_SUBURßAN ESTATES(SE), SINGLE FAMILY (RS), MULTIFAMILY RESIDENTIAL (RM) LAND USE APPLICABLE SIGN TYPE MAXIMUM MAXIMUM SIGN AREA MAXIMUM LOCATION REMARKS ZONE ALLOWED NUMBER HEIGHT INSTITUTIONAL SE, RS, RM Canopy Sign One sign for The total sign area of monument Wall and canopy Subject property; Intemally illuminated signs are not 'Govt. FacõHty Monument Sign each pubHc signs shall not exceed 64 square signs; cannot setback five foot allowed; provided, however, that 'Public Park Pedestal Sign entrance feet for the total of all faces and project above the minimum. electronic changeable message signs 'Public Utility Wall Sign providing no one race shall exceed 32 roofline. and changeable copy signs are 'School direct vehicle square feet. Wall signs and Monument signs; allowed. City may impose additional access. canopy signs shall not exceed six reet. Pedestal limitations on signs to be compatible seven pereent of the exposed sign; 12 feet. with nearby residential areas. building face to which it is attached. RECREATION SE, RS, RM Canopy Sign One sign for The total sign area of monument Wall and canopy Subject property; Intemally Iiluminated signs are not 'GolrCourse Monument Sign each street signs shall not exceed 64 square signs; cannot setback five fool allowed; provided, however. that the 'Reere"ion Pedestal Sign frontage reet ror the total of all faces and project above the minimum. electronic changeable message signs Area or Wall Sign providing no one face shall exceed 32 roofline. and changeable copy signs are CI"hhuusc direct vehicle square feet. Wall signs and Monument signs; allowed. City may impose additional 'Sports access. canopy signs shall not exceed six feet. Pedestal limitations on signs to be compatible field--private, seven pereentofthe exposed sign; 12 feet. with nearby residential areas. non-commerelal building face to which it is attached. REsIDENTtAl SE, RS, RM Monument Sign One per Two square feet. Wall and canopy Subject property; Commereial messages not allowed. 'Dwelling Uni~ Wall Sign dwelling unit. signs; cannot setback five 1001 Internally illuminated or electrical project above the minimum. signs not allowed. roofline. Monument signs; live ',ct. 'Subdivisiou SE, RS, RM Monument, Two per major Two signs ocr entrance totaling Wall and canopy Subjcct property; Commereial messages not allowed. Identification oedestal Dole or entrance. no more than 50 sauare feet. No signs; cannot "tboelt Ii e r"e! Internally illuminated or electrical I1Y.!!!!!Sign one sign mav be more than project above the - signs not allowed. Si... may be 'Wall Sign ¡hirty-two square feet I"" rooninc. included as Dart or a rcnce or other _ntron-- ~t,,""n"nt. ardtll"'UtnUìoat= nedestal nole or I1Y.!!!!!signs; five fcct .-, I I' LAND USE APPLICABLE SIGN TYPE MAXIMUM MAXIMUM SIGN AREA MAXIMUM LOCATION REMARKS ZONE ALLOWED NUMBER HEIGHT 'Manulàctured RS, RM MonumcntSign Two pcr major Thirty-two square fcct per Wall and canopy Subject property; Commercial messages not allowed. Ilume Park Wall Sign entrance. entrancc. Wall signs and canopy signs; cannot sctback nve foot Intcrnally illuminatcd or electrical Idcntincation signs shall not exceed scven project above the minimum. signs not allowed. Dercent of the exDosed building roofline. lilce to a maximum oflOO Monument signs; souarc feel. nve feel. 'Multit,mily RM..ß!i MonumcDt Sign Two per major Thirty-two squarc feet pcr Wall and canopy Subject propcrty; Commercial messages not allowed. Complex Wall Sign entrance. entrance. Wall signs and canopv signs; cannot setback tive foot Phone numbers are pennitted on wall IdentiIication signs shall not exceed seven project above the minimum. mounted signs when not facing ocrcent orthe exposed building rootline. another residential use. Internally face to a maximum of 100 Monument signs; iIIuminatedorelectricalsignsnot SQuare feel. live feel. allowed. UNIQUE' SE, RS Handled on a Handled on a Handled on a case-by-case basis. Handled on a case- Handled on a case- Handled on a case-bv-case basis. 'Ccmetery case-by-case case-by-ease by-case basis. by-case basis. basis. basis. 'Davcare or SE RS RM Canoov sign, One Wall or canooY signs mav not Five feet Subject property, Electronic changeable message si.ns pre-school Monumenl. and lreestanding exceed seven ocreent of the setback nve foot and changeable COpy signs are excluding wall signs sign DCr street exposed building face to which minimum allowed. Citv mav imoose additional ~ frontage. the sign is attached to a limitations on signs to be compatible occupations maximum of SO sauare feel. The with nearbv residential areas. total sign area for monument signs may not exceed 20 sauare feet per sign face. A davcare or pre-school that is part ofa church or svnagogue mav add 20 sauare feet per face to an existing monument sign associated with the church or svnagogue 'Church, SE, RS, RM Canopy Sign One sign for The total sign area of monument Wall and canopy Subject property; Electronic changeable message signs Synagogue, or Monument Sign each street signs shall not exceed 64 square signs; cannot setback nve foot and changeable copy signs are other place or Wall Sign rrontage reet ror the total of all faces and project above the minimum. allowed. City may impose additional worship. providing no one tàce shall exceed 32 rootlinc. limitations on signs to be compatible direct vehicle square feel. Wall signs and Monument signs; with nearby residential areas. access. canopy signs shall not exceed nve feel. scven pcrcent orthe exposed building tàce to which it is attached. -- """ . - 16- ( ( Sec. 22-1601. Signs in non-residential zoning districts. A. Freestanding signs. All pfennit application!; for freestanding signs shall be designated as qualifying for a high profile, medium profile or low profile sign, based upon criteria regarding both the size and zoning designation of the development. The sign profile designation shall control the sign types, sign height, sign area and number of signs allowed. (l) High profile sign. (a) Crileria. A subject property meeting all of the following criteria is permitted a high profile freestanding sign: (i) A minimum of250 feet offrontage on one public right-of-way; (ii) A zoning designation of City Center Core (CC-C) or City Center Frame (CC-F), or Community Business (BC); (iii) A multiuse complex; and (iv) A minimum site of 15 acres in size. (b) Sign types. The following sign types are allowed for a high profile sign: (i) Pylon or pole signs; provided, however, that any pylon or pole sign must have more than one pole or structural support; (ii) Pedestal signs; (iii) Monument signs; (iv) Tenant directory signs; and (v) Kiosks. Sign content for any pylon or pole sign, or for any pedestal or monument sign in lieu of a pylon or pole sign, may include electronic changeable messages, center identification signs and/or changeable copy signs. Any high profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. (c) Sign height. A high profile sign shall not exceed the following maximum heights: (i) Pylon or pole sign--Twenty-five feet. (ii) Pedestal or monument signs-- Twelve feet if in lieu of a pylon or pole sign. Otherwise, pedestal and monument signs shall not exceed five feet. (iii) Tenant directory or kiosk signs--Six feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be ten feet. - 17- ~ c ( (d) Sign area. A high profile sign shall not exceed the following maximum sign areas: (I) Pylon or pole sign--Four hundred square feet for the total of sign faces with no one sign face exceeding 200 square feet. (ii) Pedestal or monument signs--One hundred twenty-eight square feet for the total of all sign faces with no one face exceeding 64 square feet. (iii) Tenant directory or kiosk signs--Fifteen square feet per sign face. (e) Number of signs. A subject property qualifying for a high profile sign may have the following maximum number of signs: (I) Pylon or pole sign--One sign unless the subject property has an additional 500 feet of street frontage for a total of 750 feet of aggregate frontage on any public rights-of- way, in which case the subject property will be allowed one additional high profile sign, not to exceed a maximum of two such signs per subject property; (ii) Pedestal or monument signs--Ifthe pedestal or monument sign is in lieu of a pylon or pole sign, the number of signs allowed shall be determined pursuant to subsection (e)(I). In addition, two monument signs which identify the name of any multiuse complex are allowed, per entrance from a public right-of-way, not to exceed fiye feet in height; and (iii) Tenant directory or kiosk signs--One sign per frontage on a public right-of-way. (2) Medium profile sign. (a) Criteria. A subject property that does not qualify for a high profile sign pursuant to section 22-1601(A)(I) and is not a low profile sign by being zoned Office Park (OP) or Professional Office (PO) pursuant to section 22-1601(A)(3) is permitted a medium profile freestanding sign. (b) Sign type. The following sign types are allowed for a medium profile sign: (i) Pedestal signs; and (ii) Monument signs. Sign content for any medium profile sign may include electronic changeable messages, center identification signs and/or changeable copy signs. Any medium profile sign may be an electri~al sign, an illuminated sign, and/or a neon sign. (c) Sign height. The height of a medium profile sign shall be calculated at the rate of .75 feet in the sign height for every ten lineal feet of frontage on a public right-of-way; provided, however, that sign height shall be calculated at the rate of one and one-half feet in sign - 18- . ( height for every ten lineal feet of frontage on a public right-of-way for any multi-tenant complex and provided, further, that such sign shall not exceed a maximum height of 12 feet and every applicant is entitled to a minimum height of five feet. (d) Sign area. For any multi-tenant complex, sign area allowed for a medium profile signs shall be calculated at the rate of two square feet per lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of 128 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 64 square feet. For other uses, sign area allowed for medium profile sign shall be calculated at the rate of one square foot per lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of 80 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 40 square feet. Notwithstanding the foregoing sign area calculations, every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet. (e) Number of signs. A subject property qualifying for a medium profile sign may have one pedestal or monument sign. (3) Low profile sign. (a) Criteria. A subject property located in the Office Park (OP) or Professional Office (PO) is permitted a low profile freestanding sign. (b) Sign type. The following sign types arc allowed for a low profile sign: (i) Pedestal signs; (ii) Monument signs; and (iii) Tenant directory signs. Sign content for any pedestal or monument sign may include center identification signs and/or changeable copy signs. Any low profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. (c) Sign height. A low profile sign shall not exceed the following maximum heights: (i) Pedestal or monument signs--Five feet. (ii) Tenant directory signs--Six feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be ten feet. ,(d) Sign area. (i) Pedestal or monument signs--Sign area allowed for a low profile sign shall be calculated at the rate of one square foot per lineal foot of frontage on a public right- of-way; provided, however, that a low profile sign shall not exceed a maximum sign area of 80 square feet for the total of all sign faces on each permitted sign with no . 19. ..' c ( one sign face exceeding 40 square feet, and every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet. (ii) Tenant directory signs--Fifteen square feet per sign face. (e) Number a/signs. A subject property qualifying for a low profile sign may have the following maximum number of signs: (i) Pedestal or monument signs--One sign per frontage on a public right-of-way; and (ii) Tenant directory signs--One sign per frontage on a public right-of-way. (4) Combined sign package for adjacent property owners. The owners of two or more properties that abut or are separated only by a vehicular access easement or tract may propose a combined sign package to the city. The city will review and decide upon the proposal using Process f ill. The city may approve the combined sign package if it will provide more coordinated, effective and efficient signs. The allowable sign area, sign type, sign height and number of signs will be detennined as if the applicants were one multi-tenant complex. B. Building mounted signs. (l) Sign types. The following may be building mounted signs and are allowed in all non- residential zoning districts: (a) Awning or canopy signs; (b) Center identification signs; (c) Changeable copy signs; (d) Civic event signs; (e) Directional signs, on-site; (I) Electronic changeable message signs; (g) Instructional signs; (h) Marquee signs; (i) Projecting signs; (j) Tenant directory signs; (k) Time and temperature signs; (I) Under canopy signs; and - 20- .. ( r (m) Wall mounted signs. Any building mounted sign may be an electrical sign, an illuminated sign, and/or a neon sign. (2) Sign height. No sign shall project above the rootline of the exposed building face to which it is attached. (3) Sign area. The total sign area of building mounted signs for each business or tenant, excluding under canopy signs, shall not exceed seven percent of the exposed building face to which it is attached; provided, however, that no individual sign shall exceed a sign area of240 square feet and every applicant is entitled to a minimum sign area of 30 square feet. A multi-tenant complex which does not use a freestanding sign mav have two additional wall mounted signs. No one sign mav exceed seven Dercent of the of the exposed building face to which it is attached. to a maximum of240 square feet per sign. This sign is in addition to anv other tenant signs on that building face. (4) Number of signs. The number of building mounted signs permitted each user is dependent upon the surface area of the largest single exposed building face of his or her building as follows. excluding wall mounted center identification signs: Largest Exposed Building Face Maximum Number of Signs Less than 999 sq. ft. 2 1,000 -- 2,999 sq. ft. 3 3,000 -- 3,999 sq. ft. 4 4,000 and over sq. ft. 5 Buildings with more than 4,000 square feet on any exposed building face, with several clearly differentiated departments, each with separate exterior entrances, are permitted one sign for each different department with a separate exterior entrance, in addition to the five permitted. No sign or signs mav exceed the maximum area permitted for that building face except as mav be specifically permitted by this code. However. an A:n-applicant i3 not permi!!eà to tlan3fcr 3ig!. arEa cakulateà pur3uallt te 3ub3eetion (3) ffe,.. Me building faee to allether but is allowed to move allotted signs as calculated in subsection (4). from one building face to another. Each business or use shall be permitted under canopy signs in addition to the other permitted building mounted signs subject to the size and separation requirements set forth in section 22- I 599(C)(2)(w) of this Code. - 21- ., ( l C. Sign area multipliers. The sign area and sign number allowed, as set forth in section 22- li501(A)(I)(d) for high profile signs, (2)(d) for medium profile signs, and (3)(d) for low profile signs and section 22-160 I (B)(3) for building mounted signs may be increased in the following instances; provided, however, that in no event shall the sign exceed the maximum sign area allowed: (1) If no signs on the subject property have internally lighted sign faces, then the total sign area allowed may be increased by 25 percent. (2) If all signs, other than center identification signs, are building mounted signs, the total sign area allowed may be increased by 25 percent. (3) A time and temperature sign may be included with any sign and such time and temperature signs shall not be included for purposes of calculating maximum sign area or maximum number of signs. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 96-270, § 3(F), 7-2-96) Sec. 22-1602. Construction standards. A. Struclllral components. To the maximum extent possible, signs should be constructed and installed so that angle irons, guywires, braces and other structural elements are not visible. This limitation does not apply to structural elements that are an integral part of the overall design such as decorative metal or wood. B. Sign setback requirements. The required setback from the property lines for all signs shall be not less than five feet from the subject property line in residential zones and not less than three feet from the subject property line in all other zones. C. Dimensional and design standards. (I) Pedestal, pole or pylon signs. The following drawings illustrate the dimensional standards for pedestal, pole or pylon signs: A>=50%ofB A> = 50% ofD B = HEIGHT OF SIGN (Maximum Height -- Sec. 22-1601) c > = 20% of B - 22- -- (' r Figure 6 -- Type A Pedestal B = HEIGHT OF SIGN (Maximum Height n Sec. 22- I 60 I) c > ~ 20% of B E> = 4 INCHES Figure 7 -- Type B Pole or Pylon Sign (2) Monument signs. The following figures illustrate the dimensional standards for monument signs: Figure 8 n Monument Sign A: MAXIMUM HEIGHT OF SIGH PER SEC. 22-1601 B: MAXIMUM = 200% OF A C: MINIMUM = 20% OF A D: EQUAL TO 100% OF B (3) Design criteria. (I) Sign base: The base of the sign must be done in landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete or materials that are hannonious with the character of the primary structures on the subject property and subject to the administrator's approval. No visible gap shall be allowed between the sign base and the finished grade or between the sign face or cabinet and the sign base. (ii) Sign face: The color, shape, material, lettering and other architectural details of the sign face must be hannonious with the character of the primary structure. (4) Minor deviations. Minor deviations from the dimensional standards for signs, except for maximum sign height, may be approved by the administrator if he or she concludes that the resulting sign does not significantly change the relative proportion of the sign base to the sign face. D. Location. No sign shall be so located so as to physically obstruct any door or exit from a building. No sign shall be located so as to be hazardous to a motorist's or pedestrian's ingress or egress from buildings or parking areas. No sign shall be located within the clearview zone. - 23- .' ( { E. Landscaping aroundfreestanding signs. To improve overall appearance of the sign and to reduce the risk of motor vehicles hitting the sign or supports of the sign, an area adjacent to the base of each freestanding sign must be landscaped equal to the sign area; provided, however, that the city will not require more than 200 square feet of landscaped area. This landscaping must include vegetation and may include other materials and components such as brick or concrete bases as evidenced in plazas, patios and other pedestrian areas, planter boxes, pole covers or decorative framing. At the time of planting. a minimum of 50 percent of the required landscaped area should be planted" ith low shrubs and ground cover such that within two vears. 90 percent of the landscaped area is covered. Such plantings can include. but are not limited to. evergreen shrubs. deciduous shrubs, vines, and ground cover or grasses. If all grasses are to be used the landscaped area must be covered 100 percent at time of planting. Low maintenance plantings are recommended. Alternative landscape plans mav be submitted in writing and will be reviewed on a case by case basis. These mav include. but are not limited to. existing plantings in the area of the sign or landscaping required to be provided under article XVII, landscaping. of this code. F. Illumination limitations of electrical signs (does not apply to neon signage). No sign may con!.1in or utilize any of the following: (1) Any exposed incandescent lamp with a wattage in excess of25 watts. (2) Any exposed incandescent lamp with an internal or external reflector. (3) Any continuous or sequential flashing device or operation. (4) Except for electronic changeable message signs, any incandescent lamp inside an internally lighted sign. (5) External light sources directed towards or shining on vehicular or pedestrian traffic or on a street. (6) Internally lighted signs using 800-milliamp or larger ballasts if the lamps are spaced closer than 12 inches on center. (7) Internally lighted signs using 425-milliamp or larger ballasts if the lamps are spaced closer than six inches on center. ill All illumination for externallv illuminated signs must be aimed away from nearby residential uses and on-coming traffic. G. Setback and distance measurements. The following guidelines shall be used to determine compliance with setback and distance measurements: (I) The distance between two signs shall be measured along a straight horizontal line that represents the shortest distance between the two signs. .24. -- ( ( (2) The distance between a sign and a property line shall be measured along a straight line representing the shortest distance between the sign and the property line. (Ord. No. 95-235, § 4, 6-6-95) Sec. 22-1603. Variance from sign code. A. Scope. This section establishes the procedure and criteria the city will use in making a decision upon an application for a variance from the provisions of the sign code. B. Required review process. The city will review and decide upon applications for a variance to any of the provisions of this article using Process IV, Article VII of this Code. C. Criteria. The city may grant the variance only if it finds all of the following: (1) The literal interpretation and strict application of the provisions and requirements of the sign regulations would cause undue and unnecessary hardship because of unique or unusual conditions pertaining to the specific building, parcel or subject property; (2) A sign package consistent with the provisions of this article would not provide the use or the business with effective signs; (3) The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located; (4) The variance is not granted for the convenience of the applicant or for the convenience of regional or national businesses which wish to use a standard sign; (5) Thespecial circumstances of the subject property art' not the result of the actions of the applicant, the owner of the property or a self-induced hardship; and (6) The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is located. D. Conditions and restrictions. As part of any variance approval of a request under this section, the city may impose any conditions, limitations or restrictions it considers appropriate under the circumstances. This may include, but is not limited to, requiring that the owner of the subject property sign a covenant or other written document to be filed with the county to run with the property by which, at a time certain or upon specific events, the signs on the subject property would be brought into compliance with all applicable city regulatio,¡s then in effect. The city may also require a perfonnance bond under section 22-1599(H) to insure compliance with any such condition or restriction. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 97-291, § 3,4-1-97) - ~5- 1\1 ( ( Exhibit D Federal Way City Code Article XVIII. Signs Sec. 22-1601 .. ( ( Sec. 22-1601. Signs in non-residential zoning districts. A. Freestanding signs. Permit applications for freestanding signs shall be designated as qualifying for a high profile, medium profile or low profile sign, based upon criteria regarding both the size and zoning designation of the development. The sign profile designation shall control the sign types, sign height, sign area and number of signs allowed. Separate parcels or pads for single tenant buildings that complv with all zoning requirements for single tenant parcels, excluding access, and are not otherwise tied to an adjacent multi-tcnant center bv virtue of architectural stvle or theme. are permitted one freestanding monumònt or pedestal sign not to exceed a maximum sign area of 80 square feet for the total of all ,:~n faces with no one sign face exceeding 40 square feet. (I) High profile sign. (a) Criteria. A subject property meeting all of the following criteria is permitted a high profile freestanding sign: (I) (ii) (ii (iv) A minimum of250 feet of frontage on one public right-C'f-way: A zoning designation of City Center Core (CC-C) or Cj¡y Center Frame (CC-F), or Community Business (BC); A multiuse complex; and A minimum site of 15 acres in size. (b) Sign types. The following sign types are allowed for a high profile sign: (1) (ii) (ii Pylon or pole signs; proyided, however, that any pylon cr pole sign must have more than one pole or structural support; Pedestal signs; Monwnent signs; (iv) Tenant directory signs; and (v) Kiosks. Sign content for any pylon or pole sign, or for any pedestal or monument sign in lieu of a pylon or pole sign, may include electronic changeable messages. center -1- C1 ( { identification signs and/or changeable copy signs. Any high profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. (c) Sign heigh/. A high profile sign shall not exceed the following maximum heights: (I) (ii) (iii) Pylon or pole sign--Twenty-five feet. Pedestal or monument signsnTwelve feet if in lieu of a pylon or pole sign. Otherwise, pedestal and monument signs shall not exceed five feet. Tenant directory or kiosk signs--Six feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be ten feet. (d) Sign area. A high profile sign shall not exceed the following maximum sign areas: (I) (ii) (iii) Pylon or pole sign--Four hundred square feet for the total of sign faces with no one sign face exceeding 200 square feet. Pedestal or monument signs--One hundred twenty-eight square feet for the total of all sign faces with no one face exceeding 64 square feet. Tenant directory or kiosk signs--Fifteen square feet per sign face. (e) Number of signs. A subject property qualifying for a high profile sign may have the following maximum number of signs: (I) Pylon or pole sign--One sign unless the subject property has an additional 500 feet of street frontage for a total of 750 feet of aggregate frontage on any public rights-of-way, in which case the subject property will be allowed one additional high profile sign, not to exceed a maximum of two such signs per subject property; (ii) Pedestal or monument signs--Ifthe pedestal or monument sign is in lieu of a pylon or pole sign, the number of signs allowed shall be determined pursuant to subsection (e)(I). In addition, two monument signs which identify the name of any multiuse complex are allowed, per entrance from a public right-of-way, not to exceed five feet in height; and -2- ., (2) ( ( (iii) Tenant directory or kiosk signs--One sign per frontage on a public right-of-way. Medium profile sign. (a) (b) Criteria. A subject property that does not qualify for a high profile sign pursuant to section 22-1601(A)(1) and is not a low profile sign by being zoned Office Park (OP) or Professional Office (PO) pursuant to section 22-160 1 (A)(3) is permitted a medium profile freestanding sign. Sign type. The following sign types are allowed for a medium profile sign: (I) Pedestal signs; and (ii) Monument signs. Sign content for any medium profile sign may include electronic changeable messages, center identification signs and/or changeable copy signs. Any medium profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. (þ Sign height. The height of a medium profile sign shall be calculated at the rate of. 75 feet in the sign height for every ten lineal feet of frontage on a public right-of-way; provided, however, that sign height shall be calculated at the rate of one and one-half feet in sign height for every ten lineal feet of frontage on a public right-of-way for any multi-tenant complex and provided, further, that such sign shall not exceed a maximum height of 12 feet and every applicant is entitled to a minimum height of five feet. (d) Sign area. For any multi-tenant complex, sign area allowed for a medium profile signs shall be calculated at the rate of two square feet per lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of 128 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 64 square feet. For other uses, sign area allowed for medium profile sign shall be calculated at the rate of one square foot per lineal foot offrontage on a public right-of-way not to exceed a maximum sign area of 80 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 40 square feet. Notwithstanding the foregoing sign area calculations, every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet. -3- ffð (e) ( { Number of signs. A subject property qualifying for a medium profile sign may have one pedestal or monument sign-. for each street frontage. Each street frontage exceeding three hundred linear feet and containing more than one vehicular access is permitted one additional freestanding sign. No subject property mav contain more than three freestanding signs regardless of total linear street frontage and no one street frontage mav have more than two freestanding signs. Freestanding signs shall be located a minimum distance of200 feet from other freestanding signs on the same subject propertv. (3) Low profile sign (a) Criteria. A subject property located in the Office Park (OP) or Professional Office (PO) is permitted a low profile freestanding sign. (b) Sign type. The following sign types are allowed for a low profile sign: (I) Pedestal signs; (ii) Monument signs; and (iii) Tenant directory signs. Sign content for any pedestal or monument sign may include center identification signs and/or changeable copy signs. Any low profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. (c) Sign height. A low profile sign shall not exceed the following maximum heights: (I) Pedestal or monument signs--Five feet. (ii) Tenant directory signsnSix feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be ten feet. (d) Sign area. (I) Pedestal or monument signs--Sign area allowed for a low profile sign shall be calculated at the rate of one square foot per lineal foot of frontage on a public right-of-way; provided, however, that a low profile sign shall not exceed a maximum sign area of 80 square feet -4- ,. (4) (e) ( { for the total of all sign faces on each pennitted sign with no one sign face exceeding 40 square feet, and every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet. (ii) Tenant directory signs--Fifteen square feet per sign face. Number of signs. A subject property qualifying for a low profile sign may have the following maximum number of signs: (I) Pedestal or monument signs--One sign per frontage on a public right-of-way; and (ii) Tenant directory signs--One sign per frontage on a public right-of- way. Combined sign package for adjacent property owners. The owners of two or more properties that abut or are separated only by a vehicular access easement or tract may propose a combined sign package to the city. The city will reyiew and decide upon the proposal using Process ill. The city may approve the combined sign package if it will provide more coordinated, effective and efficient signs. The allowable sign area, sign type, sign height and number of signs will be detennined as if the applicants were one multi-tenant complex. B. Building mounted signs. (I) Sign types. The following may be building mounted signs and are allowed in all non-residential zoning districts: (a) Awning or canopy signs; (b) Center identification signs; (c) Changeable copy signs; (d) Civic event signs; (e) Directional signs, on-site; (f) Electronic changeable message signs; (g) Instructional signs; -5- ,~ (2) (3) ( ( (h) Marquee signs; (I) Projecting signs; G) Tenant directory signs; (k) Time and temperature signs; (I) Under canopy signs; and (m) Wall mounted signs. Any building mounted sign may be an electrical sign, an iIlunùnated sign., and/or a neon sign. Sign height. No sign shall project aboye the roofline of the exposed buildÌ1lg face to which it is attached. Sign area. The total sign area of building mounted signs for each business or tenant, excluding under canopy signs, shall not exceed seven percent of thi: exposed building face to which it is attached; proyided, howeyer, that no individual sign shall exceed a sign area of 240 square feet and every applicant is entitled to a minimum sign area of 30 square feet. A multi-tenant complex which does not use a freestanding sign may have one additional wall mounted sign not to exceed four percent of the of the exposed building face to a maximum of 160 square feet. This sign is in addition to any other tenant signs on that building face. (4) Number of signs. The number of building mounted signs permitted each mer is dependent upon the surface area of the largest single exposed building face of his or her building as follows, excluding center identification signs: Largest Exposed Building Face Maximum Number of Signs. Less than 999 sq. ft. 2 1,000 -- 2,999 sq. ft. 3 -6- 1fts ( , 3,000 -- 3,999 sq. ft. 4 4,000 and over sq. ft. 5 Buildings with more than 4,000 square feet on any exposed building face, with seyeral clearly differentiated departments, each with separate exterior entrances, are permitted one sign for each different department with a separate exterior entrance, in addition to the five permitted. An applicant is not permitted to transfer sign area calculated pursuant to subsection (3) from one building face to another but is allowed to moye allotted signs from one building face to another. No sign or signs may exceed the maximum area permitted for that building face except as may be specifically permitted by this code. Each business or use shall be permitted under canopy signs in addition to the other permitted building mounted signs subject to the size and separation requirements set forth in section 22-1599(C)(2)(w) of this Code. C. Sign area multipliers. The sign area and sign number allowed, as set forth in section 22-1601 (A)(l)(d) for high profile signs, (2)(d) for medium profile signs, and (3)(d) for low profile signs and section 22-1601(B)(3) for building mounted signs may be increased in the following instances; provided, however, that in no event shall the sign exceed the maximum sign area allowed: (1) Ifno signs on the subject property have internally lighted sign faces, then the total sign area allowed may be increased by 25 percent. (2) If all signs, other than center identification signs, are building mounted signs, the total sign area allowed may be increased by 25 percent. (3) A time and temperature sign may be included with any sign and such time and temperature signs shall not be included for purpòses of calculating maximum sign area or maximum number of signs. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 96-270, § 3(F), 7-2-96) -7- ~